Old Navy Workers’ Weekly-Pay Claims Continue

A Magistrate Judge has sided with Old Navy workers in NY, allowing their case alleging they should have been paid weekly instead of biweekly to move forward.

A magistrate judge allowed claims brought by New York Old Navy workers to move forward. The employees alleged that the retailer paid them every two weeks despite a weekly pay requirement they believed applied to their work.

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Law360 report provides coverage.

Old Navy case background provides related coverage.

New York Labor Law Section 191 sets out the state’s wage-payment timing requirements.

Why Did Old Navy Workers Sue Over Pay Frequency?

The plaintiffs alleged that they performed enough physical labor to fall within New York’s manual-worker category and should have received wages weekly. To determine if the statute applied, the court had to consider the workers’ duties and the employer’s practices.

What Was the Procedural Result?

The magistrate judge recommended continued litigation. A recommendation or refusal to dismiss a claim isn’t the same as a final ruling that the employer broke the law.

What Should Readers Know About Later Developments?

New York changed the available remedies for certain pay-frequency violations in 2025. This article documents a stage in litigation, not the outcome of the Old Navy case.

What Happened to the Old Navy Lawsuit?

The lawsuit, Harris v. Old Navy, LLC, was closed in federal court on October 12, 2023. Although the court previously allowed the claims to advance beyond an early challenge, the available public case summary doesn't establish whether the litigation ended in a settlement or another resolution.