Kirby v. Carlo's Bakery 42nd & 8th LLC

Summary

The Appellate Division, First Department reversed an order dismissing the plaintiff's first through fourth causes of action. The court held that the plaintiff sufficiently pleaded employment discrimination under the New York State and New York City Human Rights Laws, unpaid overtime, failure to pay weekly wages, and failure to provide a wage notice.

Holdings

1. The complaint sufficiently stated a cause of action for employment discrimination even though the first cause of action was labeled as one for a hostile workplace.
2. The complaint sufficiently stated a claim for unpaid overtime under the Labor Law.
3. The complaint sufficiently stated a claim based on defendants' alleged failure to pay plaintiff weekly.
4. The complaint sufficiently stated a claim for failure to provide a wage notice under New York Labor Law § 195(1)(a).

Questions Presented

1. Whether the complaint sufficiently stated a claim for employment discrimination under the New York State and New York City Human Rights Laws despite labeling the claim as one for a hostile workplace.
2. Whether the complaint sufficiently stated a claim for unpaid overtime under the New York Labor Law.
3. Whether the complaint sufficiently stated a claim for failure to pay a manual worker weekly under New York Labor Law § 191.
4. Whether the complaint sufficiently stated a claim for failure to provide a wage notice under New York Labor Law § 195(1)(a).

Disposition

reversed