RAPAPORT LAW FIRM’S FEDERAL COURT WAGE CLASS ACTION AGAINST EXELA ENTERPRISE SOLUTIONS, ALLEGING UNTIMELY PAYMENT OF WAGES IN VIOLATION OF NYLL § 191(1)(A), FEATURED ON BLOOMBERG
Rapaport Law Firm, together with Miller Law, PLLC, brought a federal court lawsuit on behalf of a putative class of 500 workers against Exela Enterprise Solutions. The lawsuit, which was featured on Bloomberg Law, asserts that Defendants violated Section 191 of the New York Labor Law (“NYLL”), which requires weekly payment of wages to manual workers. The lawsuit alleges that Exela unlawfully paid an estimated 500 manual workers biweekly, instead of weekly. Plaintiffs seek liquidated damages. The case is: Sierra et al. v. Exela Enterprise Solutions et al. (United States District Court, Southern District of New York).
Section 191 of the NYLL requires weekly payment of wages to manual workers. The NYLL defines manual workers broadly. Typically, workers who spend at least 25% of their working time performing physical labor are considered manual workers, and they are therefore entitled to be paid every week. Even in cases where workers have received their untimely paid wages prior to filing a lawsuit, federal and state courts in New York have held that the workers are entitled to liquidated (double) damages in the amount of all wages that were paid late. In the Exela lawsuit, Rapaport Law Firm’s clients demand liquidated damages in the amount of all wages that were not paid on time.