Grant vs. Global Aircraft Dispatch, Inc.

Court: Supreme Court of the State of New York, Appellate Division – Second Department

Date: April 29, 2022

Issue on Appeal: Whether New York Labor Law § 191 creates a private right of action allowing employees to seek liquidated damages for alleged pay-frequency violations, even when employees were paid in full but on a biweekly basis rather than weekly.

RLC’s Position: The RLC argues that Labor Law § 191 does not create a private right of action and should be enforced exclusively by the New York Department of Labor. Allowing private lawsuits for technical pay-frequency violations—where employees were fully paid—would expose employers to massive, disproportionate liability, including duplicative damages for wages already paid. The RLC emphasizes that such an interpretation distorts the statutory text, raises constitutional concerns due to excessive penalties, and has already triggered a surge of costly litigation threatening businesses across industries.

Other Amici: Chamber of Commerce of the United States; National Federation of Independent Business Small Business Legal Center; National Retail Federation; Restaurant Law Center; New York State Restaurant Association; Business Council of New York State; Business Council of Westchester.

Counsel: Stephanie Schuster and Michael E. Kenneally, Morgan, Lewis & Bockius LLP.