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Covington v. Childtime Childcare Inc.

NYLL §191 Provides for Private Right of Action in Wage Pay Frequency Violation Lawsuit

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MEMORANDUM DECISION AND ORDER I. Introduction Plaintiff James Covington commenced this proposed class action, on behalf of himself and all others similarly situated, against defendants Childtime Childcare, Inc. and Learning Care Group, Inc., alleging violations of the New York Labor Law (NYLL) §§191 and 195. (Compl., Dkt. No. 1.) Pending is defendants’ motion to dismiss the compliant pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 12.) For the reasons that follow, defendants’ motion is granted in part and denied in part. II. Background A. Facts¹ Defendants own and operate more than forty childcare centers in the State of New York. (Compl.

21-25.) From January 2023 to April 2023, Covington was employed, performing custodial services, at one of defendants’ childcare centers, located in Delmar, New York. (Id.

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