The tide may be turning in employers’ favor in New York with respect to frequency of pay claims. Such claims have been the bane of many employers’ presence in the state since the Appellate Division, First Department’s 2019 ruling in Vega v. CM & Assoc. Constr. Mgt., LLC. In Vega, the court interpreted New York Labor Law (NYLL) § 198 as authorizing a private right of action to recover liquidated damages, prejudgment interest, and attorneys’ fees for manual workers paid biweekly in violation of Labor Law § 191(1)(a)’s weekly pay mandate.
In New York Employer ‘Win,’ Appeals Court Holds No Private Right of Action for Pay Frequency Claims
