Two recent events may mark the end of the “frequency-of-pay” litigation that has hit New York employers in recent years.
First, in a massive victory for New York employers, the Appellate Division, Second Department, held on Jan. 18, 2024, that there is no private right of action for violations of New York Labor Laws § 191, which requires “manual workers” to be paid at least weekly. That decision contradicts a 2019 First Department decision that recognized a private right of action for pay frequency claims under Section 191, sparking a wave of “manual worker” pay frequency lawsuits.
