Buffalo Exchange Workers Fail in Bid for Pay-Delay Class Status

Buffalo Exchange Ltd. workers can’t use common evidence to prove they performed enough manual labor to entitle them to weekly payment, dooming their bid to pursue New York wage claims as a class.

The workers allege the used clothing retailer failed to pay them as frequently as state law requires. But whether they spent at least 25% of their time on physical work requires individual inquiries, so they can’t meet the commonality and predominance requirements for class treatment, the US District Court for the Southern District of New York said Thursday.

New York law mandates weekly pay for those who ...