Under New York Labor Law (“NYLL”) Section 191, employees within the state of New York whose job responsibilities consist of more than 25% manual labor are required to be paid on a weekly basis. New York’s Department of Labor has advised that “manual labor” encompasses a countless number of physical tasks. In Rath v. Jo-Ann Stores, LLC, Case 1:21-cv-00791 (W.D.N.Y.), the plaintiff alleges that Jo-Ann Stores, LLC was required to pay its employees on a weekly basis because class members spent more than 25% performing physical tasks while employed at JoAnn stores. The Plaintiff is represented by Bursor & Fisher. There has been no determination of liability, and the case is currently in the discovery phase.
The Plaintiff seeks certification of the following class: all persons employed by Defendant in the State of New York over the last six years who (1) earned nine hundred dollars a week or less, and/or (2) did not have the authority to hire and fire other employees (the “Class). Members of the class include, but are not limited to, persons employed by Defendant in the following capacities: Assistant Store Managers, Cashiers, Cutting Counter Specialists, Framing Specialists, Inventory Coordinators, Key Holders, Picking and Packing Specialists, Stockers, Team Members, and Warehouse Workers, and other hourly-paid employees who perform similar physical tasks.