Jose Miller v. Building Services Inc., Michael A. Gomez, and Vivian Gomez

Summary

The Eastern District of New York grants Jose Miller’s motion to amend an earlier default-judgment order in an FLSA and New York Labor Law action. Applying a 2025 amendment to New York Labor Law § 198(1)(1-a) retroactively to the pending litigation, the court reduces damages for untimely wage payments from $108,313.93 in liquidated damages to $332.36 in interest-based damages. The court leaves the remaining awards unchanged, vacates the prior judgment, and directs entry of a new judgment.

Holdings

1. The 2025 amendment to New York Labor Law § 198(1)(1-a) applies retroactively to pending litigation.
2. When an employer pays wages on a regular payday no less frequently than semi-monthly, a first violation of New York Labor Law § 191 is subject to damages of no more than the lost interest attributable to the delayed payment, rather than liquidated damages equal to the delayed wages.
3. The prior award of $108,313.93 in damages for untimely wage payments must be reduced to $332.36, and the remainder of the July 11, 2025 order remains unchanged.

Questions Presented

1. Whether the 2025 amendment to New York Labor Law § 198(1)(1-a) applies retroactively to this pending action.
2. What damages are available under the amended statute for an employer's biweekly payment of wages on regular paydays in violation of New York Labor Law § 191.
3. Whether the prior damages award for untimely wage payments should be amended.

Disposition

other