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 29, 2022
The Restaurant Law Center, New York State Restaurant Association, and several other organizations filed a Motion For Leave to Appear As Amici Curiae along with a Brief of Amici Curiae in support of the respondent.