Late Wage Payment Claims in New York: Vega, Grant, and NYLL § 191

The First Department held in Vega v. CM & Associates Construction Management, LLC, 175 A.D.3d 1144 (1st Dep't 2019), that Section 191 of the New York Labor Law (NYLL) allows manual workers to bring a private action to recover liquidated damages for the late payments of their wages under Section 198 of the NYLL. Ever since, numerous workers have sued their employers to recover liquidated damages for late wage payments. In January 2024, the Second Department disagreed with the First Department, holding there is no private right of action to sue for late wage payments. The Court of Appeals has not addressed this split in authority.

Join a panel of experienced wage-and-hour practitioners as they discuss the history of late wage payment claims under Section 191, the Vega decision and its progeny, and the impact of the Second Department's Grant decision. The panel will address the arguments available to each side in late wage payment cases, how these matters are resolved, and the latest legislative proposals affecting this claim.