In September 2023, we wrote here about whether retail salespeople should be considered “manual workers,” in light of several cases brought by retail employees, alleging that they were “underpaid” when they received their paychecks on a bi-weekly instead of a weekly basis pursuant to New York Labor Law (NYLL) §191.

These cases were the progeny of the New York Appellate Division First Department’s 2019 decision in Vega v. CM & Associates Construction Management, in which the Court found a private right of action for employees to challenge delayed pay under NYLL.