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Target Does Not Pay Manual Workers on a Weekly Basis NYLL Class Action

Under New York Labor Law, employees who do manual labor must be paid every week, unless the business receives express permission from the state Department of Labor Commissioner. The complaint for this class action alleges that Target Corporation has violated this law, because it pays its manual workers only every other week.

The class for this action is all persons who worked as manual workers in their employment at Target in the state of New York, between February 14, 2016 and the date a class notice is issued in this case.

Target is a company based in Minnesota, but it operates many stores throughout the country, including in the state of New York. At these locations, the complaint claims, it “employs hundreds, if not thousands, of manual workers in the State of New York.”

The complaint quotes the New York Court of Appeals, in an earlier case, as saying that this law is “intended for the protection of those who are dependent on their wages for sustenance.” Weekly payments are required by New York Labor Law, Article 6, § 191.

Has Target received authorization from the Department of Labor Commissioner to pay only every two weeks? The complaint alleges, “On information and belief, [Target] has received no such authorization…”

The plaintiff in this case, Joseph Cumberbatch, lives in New York, New York. Cumberbatch worked for Target from around July to October 2021, at a store located on East 117th Street. The complaint claims, “At least 25% of [Cumberbatch’s] job responsibilities at Target included manual labor, including tasks such as loading and unloading merchandise between trucks and the store.”

Even so, the complaint alleges, he was not paid weekly but only every other week during the whole time he worked for the company.

The complaint specifies why this is a problem for Cumberbatch: “[Cumberbatch] has been injured by [Target’s] failure to pay timely wages because he was temporarily deprived of money owed to him. Thus, every day that said money was not paid to him in a timely fashion, he lost the time value of that money.”

The sole count in this action is New York Labor Law—Failure to Pay Timely Wages.

The complaint alleges, “Due to [Target’s] violations of the NYLL, Plaintiff and the Class are entitled to recover from [Target] the amount of their untimely paid wages as liquidated damages, reasonable attorneys’ fees and costs, and pre-judgement and post-judgment interest as provided for by NYLL § 198.”

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Target Does Not Pay Manual Workers on a Weekly Basis NYLL Complaint

February 14, 2022

Under New York Labor Law, employees who do manual labor must be paid every week, unless the business receives express permission from the state Department of Labor Commissioner. The complaint for this class action alleges that Target Corporation has violated this law, because it pays its manual workers only every other week.

Target Does Not Pay Manual Workers on a Weekly Basis NYLL Complaint

Case Event History

Target Does Not Pay Manual Workers on a Weekly Basis NYLL Complaint

February 14, 2022

Under New York Labor Law, employees who do manual labor must be paid every week, unless the business receives express permission from the state Department of Labor Commissioner. The complaint for this class action alleges that Target Corporation has violated this law, because it pays its manual workers only every other week.

Target Does Not Pay Manual Workers on a Weekly Basis NYLL Complaint
Tags: Employment Violations, Weekly Pay Requirement