Mabe vs. Wal-mart Associates, Inc.

Court: U.S. District Court for the Northern District of New York

Date: May 6, 2022

Issue on Appeal: Whether the court should permit amici to participate and whether the underlying legal question—regarding the availability of a private right of action and potential liability under New York Labor Law § 191—warrants interlocutory appeal due to its significant impact on employers.

RLC’s Position: The RLC argues that the legal issue carries substantial consequences for employers across industries and merits immediate appellate review. The brief emphasizes that allowing private enforcement of § 191 could expose businesses to massive liability for common pay practices—such as biweekly payroll—even where employees are fully paid. The RLC highlights the broader economic and operational impact on retailers and other employers, including the risk of financially devastating litigation and inconsistent application of the law.

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, Morgan, Lewis & Bockius LLP.