DECISION AND ORDER INTRODUCTION Plaintiff Eric Freeland has filed an amended complaint in which he repleads his claim that Defendant Findlay’s Tall Timbers Distribution Center, LLC violated New York Labor Law (“NYLL”) §195(3) by failing to provide accurate wage statements. ECF No. 20. Defendant has moved to dismiss this claim. ECF No. 21.1 As explained below, Defendant’s motion is GRANTED and Plaintiff’s NYLL §195(3) claim is DISMISSED without prejudice. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Defendant is an Ohio-based company that provides warehousing and logistical support services throughout the eastern United States. ECF No. 20 2.2 From April 2021 through April 2022, Defendant employed Plaintiff at one of its warehouses in Painted Post, New York. Id. 59. Plaintiff’s duties involved, among other things, lifting and carrying equipment and freight, operating heavy machinery, and breaking down ceramic parts by hand. Id. 62. On September 28, 2022, Plaintiff filed this putative class action against Defendant alleging violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). See generally ECF No. 1. He alleged that Defendant (1) violated the FSLA by failing to include nondiscretionary bonuses in the rate of pay used to calculate his overtime rate; (2) violated the NYLL for the same reason; (3) violated NYLL §191(1)(a) by paying him on a biweekly basis; and (4) violated NYLL §195(3) by providing wage statements that inaccurately stated the overtime rate to which he was entitled. See id.
68-83. Defendant moved to dismiss the complaint in its entirety. ECF No. 9. The Court granted in part and denied in part Defendant’s motion, permitting Plaintiff’s overtime and pay frequency claims to proceed, but dismissing Plaintiff’s inaccurate wage statement claim without prejudice. See ECF No. 19 at 32. The Court also granted Plaintiff leave to amend his wage statement claim. Id. Plaintiff filed his amended complaint on August 10, 2023. ECF No. 20. In the amended complaint, Plaintiff realleges that (1) Defendant violated the FLSA and NYLL by failing to include non-discretionary bonuses in the rate of pay used to calculate his overtime pay; (2) Defendant violated NYLL §191(1)(a) by paying him on a biweekly basis; and (3) Defendant violated NYLL §195(3) by providing wage statements that inaccurately stated the overtime rate to which he was entitled. See id.
