On November 15, 2024, Fitapelli & Schaffer filed a lawsuit against CSL Plasma to recover underpayment caused by untimely wage payments and other damages. The suit covers the Plaintiff and similarly situated non-exempt hourly positions such as DST Technicians who have worked for CSL Plasma Inc. in New York State.
Throughout the claim period, CSL Plasma paid its New York-based hourly employees every two weeks. The lawsuit contends that manual workers should have received weekly compensation. As a result, the plaintiff and others in a similar situation are pursuing restitution for the delayed wage disbursements, which are wage and hour violations. The proposed class currently has over 100 members. These former and current employees of CSL Plasma have worked as hourly workers in New York during the claim period, from April 2018 to the date of final judgment for this matter.
In New York, an employee is deemed to be a manual worker if over 25% of their duties were physical tasks. The plaintiff in this case affirms that, as a DST Technician, her job duties were largely physical and consisted of preparing the donor area and equipment for the pheresis process, including preparing the auto-pheresis machine, stocking and restocking items in the inventory room, and lifting boxes of medical supplies.
Why does it matter if CSL Plasma paid workers bi-weekly instead of weekly?
New York law requires that manual workers, employees who spend over 25% of their time on physical tasks, be paid weekly rather than bi-weekly or semi-monthly. Paying manual workers less frequently than required can entitle them to recover the delayed portion of their wages as damages.
Who counts as a "manual worker" in this case?
The lawsuit centers on hourly positions like DST Technicians, whose duties include physically preparing equipment and donor areas, stocking supplies, and lifting boxes of medical supplies, tasks that make up more than 25% of a typical shift.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action under the NYLL may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if I worked at one of these businesses?
Depending on your circumstances, you may be entitled to recover unpaid minimum wages, overtime wages, uniform maintenance pay, uniform reimbursement, and damages tied to inaccurate wage notices or statements.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
CONTACTFITAPELLI & SCHAFFER LLP
CONTACT US TODAY AT (212) 300-0375 OR FILL OUT THE FORM BELOW FOR A FREE CONSULTATION
US
ES