Section 191

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Employment law, whether shaped by legislation or litigation, is often driven by trends. For instance, in the mid-to-late 2010’s, lawmakers across the U.S. enacted numerous bills concerning paid time off for employees, such as for sick and family leave. A more recent trend involves regulatory and legislative efforts to limit or even outright ban non-compete agreements.

In New York State, the most significant employment litigation trend over the past several years has revolved around frequency-of-pay claims under Section 191 of the New York Labor Law (NYLL). This trend emerged from a radical 2019 appellate court decision that broke from more than a century of judicial precedent.

On May 9, 2025, however, Governor Kathy Hochul approved an amendment to the NYLL that should largely put an end to the flood of frequency-of-pay lawsuits.Continue Reading BREAKING: New York amends labor law to stymie flood of frequency-of-pay lawsuits

Employment legislation and litigation are often about trends. In the mid-to-late 2010’s, for instance, lawmakers across the U.S. enacted numerous bills concerning paid time off for employees, such as for sick and family leave. A more recent trend involves regulatory and legislative attempts to limit or even outright ban non-compete agreements.

In New York State, the unquestionable employment litigation trend over the past several years has revolved around frequency of pay claims under Section 191 of the New York Labor Law (NYLL). This trend was born out of a radical 2019 appellate court decision that broke from more than a century of judicial precedent.

As more fully discussed below, however, two recent developments – one legislative and one judicial – suggest that the flood of frequency of pay lawsuits may soon be a thing of the past.Continue Reading Are frequency of pay lawsuits in New York soon to be a thing of the past?