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Flores v. Cargill Inc.

NYLL §191 Payment Claim Alleges Injury in Fact Providing Standing Under FRCP 12(b)(1)

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DECISION and ORDER I. INTRODUCTION On January 10, 2023, Anthony Chapones filed this putative class action against Cargill Incorporated (“Cargill” or “defendant”). Dkt. No. 1. On February 22, 2023, an amended complaint was filed, substituting Freddie Flores (“Flores” or “plaintiff”) as the named plaintiff. Dkt. No. 5. Plaintiff’s amended complaint asserts that defendant violated New York Labor Law (“NYLL”) §191 by failing to pay him, and the putative class members, timely wages. Id. On April 7, 2023, Cargill moved to dismiss the amended complaint pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6). Dkt. No. 16. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND Flores alleges that during his employment with Cargill as a manual worker, defendant paid him, and the putative class members, untimely wages in violation of NYLL §191. Compl.

14-15. According to plaintiff, defendant’s payments were untimely because defendant paid him, and the putative class members, bi-weekly instead of weekly, and without express authorization from the New York State Department of Labor. Id.

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