Ex-AutoZone Employee Claims Manual Workers Should Have Been Paid Every Week, Not Biweekly
by Erin Shaak
Hyneman v. AutoZone, Inc.
Filed: June 24, 2021 ◆§ 2:21-cv-02427
AutoZone faces a class action wherein a former employee claims he and other manual workers were paid biweekly instead of weekly as required by New York state law.
AutoZone, Inc. faces a proposed class action wherein a former employee claims he and other manual workers were paid biweekly instead of weekly as required by New York state law.
According to the six-page suit, AutoZone’s decision to pay its thousands of manual workers in New York every other week instead of every week violates a provision of the New York Labor Law that was intended to protect “those who are dependent upon their wages for sustenance.”
“Defendant has violated and continues to violate this law by paying its manual workers every other week rather than on a weekly basis,” the complaint alleges.
Per the suit, the New York Labor Law requires employers to pay manual workers on a weekly basis instead of semi-monthly unless they receive express authorization to do so from the New York State Department of Labor Commissioner. Per the case, AutoZone has received no such authorization from the Labor Commissioner.
The plaintiff, who worked for AutoZone as a commercial driver from September 2015 to May 2021 at its Evan Mills, New York location, says approximately 80 percent of his duties included manual labor. According to the case, the plaintiff’s manual labor tasks consisted of shelving stock, pulling and delivering parts for orders, and cleaning and organizing the store. Despite state law’s clear requirements, the plaintiff was paid every other week, instead of weekly, for the entirety of his employment, the suit alleges.
The plaintiff looks to represent anyone who worked as a manual laborer during their employment for AutoZone in New York within the past six years and until the date notice is sent to the class.
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