J. Patrick DeDyn, Jeffrey Erny, and Jeffrey Kasprzyk, et al. v. Gintzler Graphics, Inc. and Resource Label Group LLC

Summary

The United States District Court for the Western District of New York reviews objections to a Report and Recommendation concerning claims under the Fair Labor Standards Act, ERISA, and New York Labor Law § 191(1)(a). The court dismisses the FLSA prompt-payment claim, dismisses the ERISA claims without prejudice and with leave to amend, and declines to dismiss the New York Labor Law claim based on the availability of a private right of action. The opinion also addresses the effect of recent amendments to New York Labor Law § 198.

Holdings

1. A biweekly pay schedule is not, by itself, an unreasonable delay or a per se violation of the FLSA's prompt-payment requirement. Plaintiffs failed to allege facts showing that the employer's change from weekly to biweekly payments failed the four-factor test in Rogers.
2. The ERISA claims were properly dismissed without prejudice and with leave to amend because plaintiffs failed to allege sufficient facts, including facts establishing injury in fact and that defendants acted as fiduciaries.
3. NYLL § 198 provides a private right of action for an employer's violation of NYLL § 191(1)(a)'s requirement that manual workers be paid weekly. The 2025 amendment to § 198 confirms that such violations fall within actionable wage claims and specifies available remedies.
4. The motion for conditional certification was denied as moot because the court dismissed the FLSA claim.

Questions Presented

1. Whether paying plaintiffs biweekly rather than weekly, despite their alleged status as manual workers under NYLL § 191(1)(a), stated a claim for violation of the FLSA's prompt-payment requirement.
2. Whether plaintiffs adequately pleaded ERISA claims based on delayed remittance and use of employee 401(k) contributions.
3. Whether NYLL § 198 provides a private right of action for an employer's violation of NYLL § 191(1)(a)'s weekly-pay requirement.
4. Whether plaintiffs' motion for conditional certification of an FLSA collective action remained viable after dismissal of the FLSA claim.

Disposition

other