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Jackson v. ProAmpac LLC

Issue of Employees' Standing Under NYLL §195 Is Certified for Interlocutory Appeal

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OPINION & ORDER Plaintiffs Noemy Jackson, Roberto Perez, and Raymundo Gallardo (collectively, “Plaintiffs”) bring this motion seeking (1) reconsideration of this Court’s decision, dated September 25, 2023 (the “Decision”, ECF No. 55) to dismiss their claims under New York Labor Law §195 (hereafter, “NYLL §195″ or “Section 195″) for lack of standing, and, in the alternative, (2) leave to file an interlocutory appeal pursuant to 28 U.S.C. §1292(b). (“Motion”, ECF No. 56.) For the following reasons, the Court GRANTS in part and DENIES in part Plaintiffs’ Motion. BACKGROUND As relevant to the instant Motion, Defendants ProAmpac LLC, Ampac Holdco. Inc., and Ampac Paper, LLC (collectively, “Defendants”) moved by motion dated August 22, 2022 to dismiss Plaintiffs’ NYLL §195 claims for lack of standing. (See ECF No. 28.) As part of their Section 195 claims, Plaintiffs alleged that Defendants’ wage statements obscured Plaintiffs’ actual hours worked and legal employer, which “denied [Plaintiffs] the opportunity to spend or invest their legally-owed wages,” and “delayed [them] in acting on their legal right to recover stolen wages.” (Second Amended Complaint (“SAC”), ECF No. 51-1,

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