Class Action Says Target Failed to Pay New York Manual Workers Often Enough
by Erin Shaak
Cumberbatch v. Target Corporation
Filed: February 14, 2022 ◆§ 1:22-cv-01236
Target Corporation has violated the New York Labor Law by paying manual workers bi-weekly instead of every week, a proposed class action alleges.
Target Corporation has violated the New York Labor Law (NYLL) by paying manual workers bi-weekly instead of every week, a proposed class action alleges.
The six-page case explains that the NYLL requires employers to pay manual workers, i.e., those who spend more than 25 percent of their time performing manual labor, on a weekly basis, unless they receive express authorization from the New York Department of Labor Commissioner to pay employees on a semi-monthly basis.
According to the suit, Target has not received authorization to pay manual workers bi-weekly instead of weekly. The case alleges the retailer has temporarily deprived manual workers of money they’re owed by not paying them as often as state law requires.
The plaintiff claims to have worked at a New York City Target store between July and October 2021, and spent more than 25 percent of his time on manual tasks, including loading and unloading merchandise between trucks and the store. The suit alleges, however, that the plaintiff was paid every other week throughout the entirety of his employment instead of at the end of each week, and thus “lost the time value of that money.”
The plaintiff looks to represent anyone who worked as a manual worker during their employment with Target in New York within the past six years and until the date notice is sent to the class.
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