Leon v. AYG Framing Construction LLC
- Vernon Broderick
- 1:21-cv-08014
- U.S. District Court · Southern District of New York
- 2
In Leon v. AYG Framing Construction LLC, Judge Aaron ordered plaintiffs to revise or explain wage-damages calculations under New York law.
The plaintiffs and the defendants identified as AYG Framing Construction LLC and Adriano E. Moreira, because the order required information concerning the plaintiffs’ unpaid-earnings calculations and the employers’ employee counts.
What happened
Leon v. AYG Framing Construction LLC concerns plaintiffs’ calculations of unpaid earnings under the New York Labor Law. An earlier court order required them to revise those calculations or explain why using their hourly rate was legally proper.
The court said plaintiffs’ June 27 letter addressed only the hourly rate for a three-week period and did not address whether their overall calculations complied with the law. The court ordered plaintiffs to file revised calculations or an explanation by July 14, 2022, identify the number of employees who worked for each former employer, and email native Excel versions of any revised damages charts.
Judge Stewart D. Aaron issued this order on July 7, 2022. The order addressed the calculation and presentation of potential damages and did not decide the underlying wage claims.
The detailed version
- Leon v. AYG Framing Construction LLC · No. 1:21-cv-08014
- Vernon Broderick
- July 7, 2022
Background
The plaintiffs were required by the court’s May 24, 2022 order to do one of two things: file a revised calculation of damages for unpaid earnings, or file a letter explaining why their calculations complied with the New York Labor Law (NYLL). The issue arose because plaintiffs calculated unpaid wages using their hourly rate rather than the applicable minimum-wage rate.
The order cited decisions stating that the NYLL permits recovery of minimum wages but does not provide for recovery of unpaid straight-time wages at a worker’s regular hourly rate. Plaintiffs later filed a letter dated June 27, 2022, but the court found that the letter addressed only the correction of the hourly rate for a three-week period and did not address whether the damages calculations were otherwise consistent with the NYLL.
Court’s Order
The court ordered plaintiffs, no later than July 14, 2022, either to file a revised calculation of damages for unpaid earnings or to file a letter explaining why their revised calculations were correct and consistent with the NYLL.
The court also ordered plaintiffs to provide the number of employees who worked for each of their former employers, AYG Framing Construction LLC and Adriano E. Moreira. That information was requested to determine the applicable statutory minimum wage. Plaintiffs were additionally required to email the court native Excel versions of their damages summary charts, including any revisions.
Effect of the Order
This was a case-management and damages-calculation order. It did not resolve whether defendants owed plaintiffs wages or decide the amount of any damages. Judge Stewart D. Aaron issued the order on July 7, 2022.
Classification Basis
The order is classified as a procedural order because it required additional damages calculations and supporting information without deciding the underlying wage claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.