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Shugars v. Masonite Corp.

Forklift Drivers Have Private Right of Action for Late Payment of Wages Under NYLL

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On November 21, 2022, Plaintiff commenced this putative class action, claiming violations of New York Labor Law (“NYLL”) §191, whereby they allege that they were manual workers and should have been paid on a weekly, rather than bi-weekly, basis. See Dkt. No. 1. Currently before the Court is Defendants’ motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. See Dkt. No. 18. II. BACKGROUND A. The Parties Defendant Masonite Corporation is a foreign business corporation organized and existing under the laws of Delaware, with its principal office and corporate headquarters located in Tampa, Florida. See Dkt. No. 1 at

17-18. Masonite Corporation is a covered employer within the meaning of the NYLL, and at all times relevant, employed Plaintiffs and similarly situated employees. See id. at 19. Based upon corporate disclosure statements, Masonite Corporation is admitted to be a wholly owned subsidiary of Defendant Masonite International Corporation, a publicly traded company. See id. at 22. Defendant Masonite International Corporation is a foreign business corporation organized and existing under the laws of British Columbia, Canada. See id. at 23. Masonite International Corporation was and is a covered employer within the meaning of the NYLL, and at all times relevant, employed Plaintiffs and similarly situated employees. See id. at 26.¹ Plaintiff Richard Shugars is a resident of the State of New York, who was employed by Masonite as a forklift operator — a Warehouse Worker — at their Kirkwood, New York manufacturing plant from approximately August 2016 to August 2, 2021. See Dkt. No. 1 at

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