OPINION AND ORDER Plaintiff John Clark brings this putative class action against Defendants CooperFriedman Electric Supply Co., Inc. and Cooper Electric Supply Co. (“Cooper”), alleging that Cooper failed to pay him (and proposed class members) wages (1) on a weekly basis, in violation of Section 191(1)(a) of the New York Labor Law (“NYLL”), and (2) in accordance with local prevailing wage rates, in breach of various public works contracts into which Cooper purportedly had entered. Cooper moves to dismiss Clark’s NYLL claim for lack of standing and for failure to state a claim respectively under Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure and moves to dismiss Clark’s contractual and quasi-contractual claims for failure to state a claim under Rule 12(b)(6). For the reasons that follow, the Court denies Cooper’s motion insofar as it seeks dismissal of Clark’s NYLL claim under Rule 12(b)(1) and dismissal of Clark’s contractual and quasi-contractual claims under Rule 12(b)(6), and the Court reserves ruling on Cooper’s motion insofar as it seeks dismissal of Clark’s NYLL claim under Rule 12(b)(6) pending the potential resolution by the New York Court of Appeals of the issue squarely presented. I. Background A. Facts1 From approximately December 18, 2018, to September 30, 2022, Clark worked as a generator maintenance technician for Cooper. Complaint 13. Throughout his employment, Clark worked on “various private and public projects, including public buildings and facilities in New York County, Kings County, Bronx County, Nassau County, Suffolk County, and [] various locations in New Jersey.” Id. 20. Nearly all of Clark’s duties consisted of physical tasks, including “changing the oil or radiator fluid in generator engines, cleaning generator components, replacing filters, repairing and replacing generator components, inspecting generators, performing generator load tests, testing and repairing transfer switches, maintaining generator cooling systems, taking oil and coolant samples and tightening generator belts and rings.” Id.
14-15. Clark typically worked eight-hour to ten-hour shifts, five days a week, for a total of approximately forty to fifty hours each week. Id. 17. He was paid at a rate of roughly $36.50 per hour at the beginning of his employment, $37.50 per hour approximately a year into his employment, and $38.50 per hour in his final year of employment — with his wages disbursed every other week. Id.
