Issues: Untimely Wages

On October 27th, Fitapelli & Schaffer filed a lawsuit against Sunrun 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 site technician auditors and technicians who have worked for Sunrun Inc. in New York State.

Throughout the claim period, Sunrun 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. The proposed class currently has over 100 members. These former and current employees of Sunrun have worked as hourly workers in New York during the claim period, from October 2017 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 site technician, his job duties were largely physical and consisted of inspecting breakers, amperages, attics, pitch and spacing; loading and unloading parts; measuring rooftops; flying drones; and checking the quality of shingles, amongst other physical tasks. The plaintiff was then compensated on a bi-weekly basis instead of a weekly basis.

Being paid on a bi-weekly basis harms manual workers in various ways. The plaintiff was denied the time-value of his money through Sunrun’s underpayments. Plaintiff was unable to invest, save, or purchase utilizing the wages he earned and was owed.

If you are a manual worker in New York and your employer pays you on a bi-weekly basis instead of weekly, it’s essential to consult with one of our experienced attorneys. New York labor laws are specific about payment frequencies for certain types of workers, and you may be entitled to weekly payments. Consulting with our attorneys will help ensure that you fully understand your rights and options, allowing you to take the appropriate steps to rectify any potential discrepancies in your compensation. Don’t hesitate to reach out for expert guidance tailored to your specific situation.

You can also view the filed complaint here.