Bridget Mabe v. Wal-Mart Associates, Inc.

Issue

Section 191 of New York’s Labor Law requires employers to pay “manual workers” on a weekly basis. “Manual worker” has been broadly interpreted over time to include restaurant workers. The law does have an exemption and waiver process for large employers (1,000+ employees in the state). The key issue in this litigation is that, until 2019, the law had been enforced for over a century only by the state’s department of labor.

In 2019, a New York appellate court created a private right of action, which had a mushrooming effect on litigation. Many of those now caught in litigation are small to medium size restaurants that are unable to request a waiver.

April 28, 2022

The Restaurant Law Center and several other organizations filed an amicus brief in support of a retailer challenging the private right of action.

May 6, 2022

The Restaurant Law Center and co-amici filed a Response to the Plaintiff’s Objection to Amici’s Brief, explaining how Plaintiff’s arguments merely underscore the importance of certifying the trial court’s order for interlocutory appeal.