Sultana v. NYC 121 Foods Inc

Background

Nasrin Sultana alleged that NYC 121 Foods Inc, Bronx Prospect Foods Inc., and Srinivasa Rao Tummalapenta failed to provide wage notices and wage statements required by New York Labor Law § 195. She sought statutory damages for those alleged violations.

Issue

The court addressed whether the complaint alleged enough concrete harm to establish standing. Standing is the requirement that a plaintiff show a real injury connected to the defendants’ conduct before a federal court may decide the claim.

The court relied on a recent Second Circuit decision holding that a plaintiff must adequately allege a concrete injury resulting from the failure to provide required wage notices and statements. Merely alleging a statutory violation, without identifying a concrete resulting harm, does not satisfy that requirement.

Ruling

The court held that Sultana’s complaint did not allege a concrete injury caused by the defendants’ failure to provide the required notices and statements. The court therefore concluded that she had not established standing to litigate those claims.

The court ordered Sultana, on or before September 17, 2024, either to amend the complaint to allege standing for the wage-notice and wage-statement claims or to notify the court that she was withdrawing them. The order did not determine whether the defendants violated New York Labor Law § 195 or whether Sultana was entitled to damages.