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Macchiavello v. ABB/Con-Cise Optical Group LLC

Manual Workers' Claim of NYLL 191 Violation by Bi-Weekly Pay States Injury for Standing

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OPINION AND ORDER Plaintiff Patricia Macchiavello brings this putative class action against her former employer, defendant ABB/CON-CISE Optical Group LLC, alleging violations of New York Labor Law (“NYLL”) Section 191(1)(a), which requires that manual workers, like plaintiff, be paid their wages on a weekly basis. Now pending is defendant’s motion to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6), or, alternatively, to strike the class allegations pursuant to Rule 12(f). (Doc. #20). For the reasons set forth below, the motion is DENIED. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(d). BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the complaint and the documents integral thereto, drawing all reasonable inferences in plaintiff’s favor, as summarized below. Defendant, a company headquartered in Florida, allegedly employs manual workers across the country to manufacture and distribute eye care products. Plaintiff, a New York resident, alleges she worked as a shipping and receiving clerk at defendant’s New York location from approximately November 2021 to July 2022. During this time, plaintiff claims her job duties included picking and packing orders. Because allegedly more than twenty-five percent of her weekly hours included performing manual tasks such as “standing for long periods, walking, bending, reaching with hands and arms, and lifting and moving up to 25 pounds,” plaintiff alleges she is considered a “manual worker” within the meaning of NYLL §190(4). (Doc. #1 (“Compl.”)

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