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Ramos v. Apple Inc.

Employees' Suit to Enforce NYLL §191 Weekly Payment Obligation Survives Dismissal

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OPINION & ORDER Plaintiffs Raven Ramos, Jeffrey McNeil, and Tyler O’Neal bring this putative class action against Defendant Apple Inc., asserting Defendant violated Section 191 of the New York Labor Law (“NYLL”) by failing to timely pay Plaintiffs’ wages. (See generally First Amended Complaint (“FAC”), ECF No. 16.) Before this court is Defendant’s motion to dismiss. For the following reasons, Defendant’s motion is DENIED. BACKGROUND Apple owns and operates “Apple Store locations that employ hundreds, if not thousands, of manual workers in the State of New York.” (FAC at 26.) Plaintiff Ramos worked for Apple as a Cash Lead and Operations Specialist from approximately October 2010 to January 2018. (Id. at 27.) Plaintiff McNeil worked for Apple as an Inventory Specialist from approximately 2012 to 2018. (Id. at 28.) Plaintiff O’Neal worked for Apple as a Technical Specialist from approximately 2015 to 2020. (Id. at 29.) Each Plaintiff alleges 25 percent of their job responsibilities entailed manual labor, such as standing for hours on end, lifting and carrying heavy boxes, and organizing inventory, among other physical tasks. (See id. at

27-29.) Plaintiffs allege Defendant violated Section 191 of the NYLL by paying Plaintiffs every other week instead of every week. (See id. at

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