Hourly Workers for Advance Auto Parts have recently filed a class action lawsuit against Advance Auto Parts for failing to pay its hourly workers in New York correctly. This lawsuit, filed by Fitapelli & Schaffer, LLP, seeks to recover underpayment caused by untimely wage payments and other damages under the New York Labor Law (“NYLL”). Affected employees may include all similarly situated non-exempt hourly positions such as store drivers and all other hourly workers who work or have worked for Advance Stores Company, Inc. in New York State from February 1, 2016 through the date of final judgment in this matter.
This lawsuit specifically alleges that Advance Auto Parts has compensated all hourly workers in New York on a bi-weekly basis. Advance Auto Parts’ hourly employees are required to complete a significant amount of labor intensive work. Over twenty-five percent of their duties are physical tasks, including but not limited to: (1) driving a vehicle; (2) loading and unloading automotive parts; (3) regularly lifting up to 100 pounds; (4) stocking merchandise and other items; and (5) general cleaning of the store. Despite being considered manual workers by the company and under NYLL, Advance Auto Parts has failed to properly pay its hourly workers in New York their wages within seven calendar days after the end of the week in which these wages were earned. Due to these violations of the NYLL, the New York Class is entitled to recover the amount of the underpayments caused by their untimely wage payments as liquidated damages, reasonable attorneys’ fees and costs, and pre-judgment and post-judgment interest as provided for by NYLL.
Employees in New York State who are subject to a physically demanding workload should be paid weekly as opposed to biweekly under the law. If you’ve work or have worked for Advance Auto Parts as an Hourly Worker in New York at any point since February 2016 you may have claims for owed wages. For more information about this matter, give us a call at (212)300-0375. Additionally, if you’ve worked as a laborer in New York and get paid every two weeks call us to schedule a free and confidential consultation to see if you may be owed pay.
You can also view the complaint here.