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VIEWPOINT: The Frequency of Pay Split Among Courts May Be Remedied by a Legislative Fix
Under New York Labor Law Section 191, individuals who fall under the broad definition of “manual worker” must receive their wages weekly. There is currently a split among the courts as to whether manual workers have a private right of action to recover liquidated damages for untimely payments. In Vega v. CM & Associates Construction […]
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Under New York Labor Law Section 191, individuals who fall under the broad definition of “manual worker” must receive their wages weekly. There is currently a split among the courts as to whether manual workers have a private right of action to recover liquidated damages for untimely payments.
In Vega v. CM & Associates Construction Management, LLC, the First Department held that manual workers who were paid late had a private right of action under Section 198 of New York Labor Law to recover liquidated damages for up to six years of their wages. Conversely, in Grant v. Global Aircraft Dispatch Inc., the Second Department held that Section 198 does not create a private right of action for late payment when the employee is still paid in full.
Despite the lack of clarity in the law as to whether manual workers have a private right of action, there has been a surge in individual and class-action lawsuits that could expose employers to substantial liability, requiring them to pay employees who were already paid in full, albeit not on a weekly basis. Gov. Kathy Hochul has included legislation in her proposed budget for the 2026 fiscal year to address this issue.
Gov. Hochul’s proposed legislation would clarify the damages available to manual workers for untimely payments. First-time violations allow for the recovery of 100 percent of interest lost due to delayed payments. Second-time violations would allow for the recovery of 300 percent of the lost interest due to delayed payment. Finally, for all subsequent violations, recovery includes liquidated damages equal to 100 percent of the total amount of wages due to the employee. This legislation would limit plaintiffs’ recovery of liquidated damages and prevent financial harm to employers who have paid employees the correct amount on a biweekly schedule. If enacted, Section U would take effect 60 days after approval. Similar legislation on how to remedy the frequency of pay controversy was proposed in the 2025 fiscal-year budget, but did not pass.
The 2026 budget must be approved by April 1, 2025, and we will continue to provide updates regarding this issue.
Nicholas P. Jacobson is a member (partner) in the Rochester office of the Syracuse–based law firm Bond, Schoeneck & King PLLC. He is part of Bond’s Labor and Employment practice and assists employers with a variety of workplace issues to avoid litigation and effectively manage their workforce. Contact Jacobson at njacobson@bsk.com. This article is drawn and edited from the firm’s New York Labor and Employment Law Report blog.
Seneca Foods’ net sales rise 13 percent in latest fiscal quarter
FAIRPORT — Seneca Foods Corp. (NASDAQ: SENEA, SENEB) recently reported that its net sales for the fiscal quarter ending Dec. 28, 2024 rose more than 13 percent to $502.9 million from $444.5 million in the same quarter a year prior. The company — a Finger Lakes–based provider of packaged fruits and vegetables, with facilities across
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FAIRPORT — Seneca Foods Corp. (NASDAQ: SENEA, SENEB) recently reported that its net sales for the fiscal quarter ending Dec. 28, 2024 rose more than 13 percent to $502.9 million from $444.5 million in the same quarter a year prior.
The company — a Finger Lakes–based provider of packaged fruits and vegetables, with facilities across the U.S., including Geneva and Penn Yan — said the increase was primarily driven by higher sales volumes, partially offset by lower selling prices.
Seneca Foods’ gross margin as a percentage of net sales was 9.8 percent for the three months ending Dec. 28, down from a gross margin of 12.2 percent for the three months ending Dec. 30, 2023.
Seneca Foods says it is one of North America’s leading providers of packaged fruits and vegetables. Its products are primarily sourced from more than 1,200 American farms and are distributed to about 55 countries. The firm’s corporate office is in Fairport, near Rochester. Seneca says it holds a large share of the market for retail private label, food service, restaurant chains, international, contracting packaging, industrial, chips, and cherry products. Products are also sold under the brands of Libby’s, Green Giant, Aunt Nellie’s, Green Valley, CherryMan, READ, and Seneca.
OPINION: Citizen Voting is Fundamental to a Strong Democracy
Citizen participation in governance is the bedrock of U.S. democracy. Americans have a fundamental right to choose who represents them; this principle is one of the chief reasons our nation has evolved into the global economic and military leader it is today. Recent attempts by New York City progressives to undermine this principle by extending
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Citizen participation in governance is the bedrock of U.S. democracy. Americans have a fundamental right to choose who represents them; this principle is one of the chief reasons our nation has evolved into the global economic and military leader it is today.
Recent attempts by New York City progressives to undermine this principle by extending voting rights to non-citizens have been rightfully shut down by the courts. It is extremely disappointing to see yet another desperate attempt to undermine our democracy for political purposes play out in the state Court of Appeals.
In 2022, New York City’s Democratic-led council approved a measure allowing non-citizens the right to vote in municipal elections. Fortunately, Republican opposition helped fuel the law’s defeat, but now Democrats are fighting to reverse that ruling. The measure is a terrible idea in practice and clearly violates the New York State Constitution, as noted by a mid-level court. Dragging this legal battle out further wastes taxpayer resources and is clear evidence advocates of this scheme have chosen partisan politics over sound electoral policy.
Proponents of non-citizen voting have tried to equate one month of living in New York state with full citizenship — 30 days of residency is all it takes to vote under the law as passed. This is an affront to immigrants who have taken the important step to formalize their citizenship, pledge their allegiance to the U.S., and commit to civic participation in our state and nation. Voting laws like the one proposed in New York City diminish and water down the effectiveness of our democratic republic and have no place in our state. Case in point, the potential for voter fraud becomes much greater when local races featuring non-citizen voting are printed on the same ballots as state and federal races; it would be nearly impossible to know which ballots to disqualify under those circumstances.
Being a citizen of the U.S. carries inherent meaning and value, and becoming a citizen is an incredible privilege. For those who want to become a citizen of the U.S., I offer my support and admiration. The pathway for an immigrant to gain citizenship is not always easy, but there are important reasons for instituting formal requirements. Ignoring those requirements is both disrespectful and dangerous.
The Assembly Minority Conference will continue to stand in opposition to any law that weakens our democracy. I truly hope the state Court of Appeals swiftly ends this waste of time, energy, and legal resources and strikes down this assault on U.S. election law once and for all; anything less would be an insult to our state and our nation.
William (Will) A. Barclay, 56, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
OPINION: For Congress, Now Comes the Hard Part
The early days of a new presidential administration attract a lot of attention from the media and ordinary Americans. The months of speculation since the election about what lies ahead are over; now it’s reality. But equally riveting is what’s going on in Congress, which must react to presidential initiatives, vet nominees, and put its
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The early days of a new presidential administration attract a lot of attention from the media and ordinary Americans. The months of speculation since the election about what lies ahead are over; now it’s reality. But equally riveting is what’s going on in Congress, which must react to presidential initiatives, vet nominees, and put its own stamp on public policy. This year, more than any I can remember, will test Congress.
Let’s lay out the basics. In Donald Trump, we have a president who has made it clear since long before last November’s election that he intends to upend the federal government and overturn not just longstanding policies, but the longstanding norms and procedures that developed over the decades to keep our representative government healthy.
Meanwhile, in Congress, we have a GOP-led Senate that — despite the occasional suggestion of an independent mindset — appears ready to give Trump the benefit of the doubt, and a GOP-led House that is so closely divided (much like the electorate as a whole) that one or two absences due to illness could have a profound effect on the course of legislation. All of which makes the future of policy-making this year — let alone of the federal government — highly uncertain.
Before we get into the details, I want to say that I believe our representative democracy is one of the greatest concepts humans have developed for the pursuit of governance, the creation of public policy, and the ideal of self-government. It’s hard to make it work: It’s messy, time-consuming, often frustrating, and prone to the political winds of a given moment. This presents us with a unique challenge: to safeguard it, improve it, and run an effective government. There’s no alternative to fall back upon. This is the only system we’ve got to help us solve the problems that confront us.
So we may be in for a time of great turmoil, as we get a government leadership that has, at various times, called into question the purpose and legitimacy of the federal government. At the very least, some of the presidential nominees coming before Congress have suggested an impatience with process and procedure as they pursue a series of highly controversial goals. Trump’s pick to run the Office of Management and Budget, [the now confirmed Russell Vought], proposes what amounts to an unfettered presidency when it comes to the budget — even if it means essentially countermanding spending passed by Congress.
Meanwhile, the billionaire in charge of President Trump’s cost-cutting commission, Elon Musk has little taste for Congressional guardrails as he contemplates deep cuts to federal programs and the federal workforce. Trump himself, never known for relishing the details of governance, has signaled that he’d like Congress to pass big portions of his agenda — everything from border security to energy deregulation to tax cuts for the wealthy to “reimagining” the Affordable Care Act, to possible huge cuts to entitlements like Medicaid — in a single bill or, at most, two.
None of these will be easy to enact. Democrats, still unsettled by the elections, haven’t yet coalesced around an approach to the new administration — especially on issues like border security — but on matters where they’re able to stick together in opposition over the next few months, House Speaker Mike Johnson will at best be able to lose a couple of GOP votes. And although the Trump administration will undoubtedly pull out all the stops to keep Republicans in line, the GOP caucus — especially in the House — hasn’t exactly been notable for its unity, though Johnson has made clear through committee appointments that he expects loyalty.
Which is fine. It’s not as fashionable as it used to be on Capitol Hill to value the constitutional prerogatives of Congress — especially when party loyalty or the politics of the moment get in the way. But our system of checks and balances was set up for a reason, and it’s been a bulwark protecting our representative democracy from overreach. The new administration will test Congress’s belief in its own power; here’s hoping members of both the House and the Senate understand what’s at stake for themselves and the American people.
Lee Hamilton, 93, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.
Ask Rusty: Clarification of Medicare IRMAA and MAGI
Dear Rusty: I am confused by an article in my local newspaper which said that MAGI (modified adjusted gross income), on which my Medicare Part B premium is based, is my adjusted gross income (AGI), plus any non-taxable interest, plus 50 percent of the Social Security I received. The part that is confusing is the
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Dear Rusty: I am confused by an article in my local newspaper which said that MAGI (modified adjusted gross income), on which my Medicare Part B premium is based, is my adjusted gross income (AGI), plus any non-taxable interest, plus 50 percent of the Social Security I received. The part that is confusing is the 50 percent portion. When I look at my tax return my AGI includes the taxable portion of my Social Security benefit which, in my case, is 85 percent of my total benefits. Why must 50 percent of benefits be added to my AGI if it is already included in my total AGI?
Signed: Confused
Dear Confused: The article you refer to was misleading for stating that the modified adjusted gross income used to determine your Medicare premiums includes your normal adjusted gross income from your income-tax return, plus any non-taxable interest you may have had, plus 50 percent of the Social Security (SS) benefits you received during the tax year. What the article should have said was that the MAGI, which determines your income-related monthly adjustment amount (IRMAA) to your Medicare premiums, consists of your normal AGI from your tax return (which includes the taxable portion of your Social Security benefits), plus any non-taxable interest you may have earned.
For additional clarity, IRMAA is a supplemental amount added to the standard Medicare premium for those with higher incomes. The thresholds at which the IRMAA supplements apply depend on your IRS filing status, and your MAGI determines the amount of supplement that will be added to the standard Medicare premium. Single filers with MAGI exceeding $103,000, or married filers with MAGI surpassing $206,000 will see an IRMAA supplement added to their Medicare premium. Those whose MAGI is under the first IRMAA threshold pay the standard Medicare premium, but those whose MAGI exceeds the first IRMAA threshold above will pay more. How much more depends on by how much their MAGI exceeds the first IRMAA threshold.
The IRMAA supplement (the additional premium amount) could be anywhere from $69.90 to $419.30 per month for Medicare Part B (coverage for outpatient services), or an additional $12.90 to $81.00 per month to the Medicare Part D (prescription drug plan) premium — again dependent on how much over the initial MAGI threshold the person is for their IRS filing status. You can see the MAGI levels and corresponding IRMAA supplements at this Medicare website: www.cms.gov/newsroom/fact-sheets/2024-medicare-parts-b-premiums-and-deductibles.
IRMAA and MAGI can be confusing. If you have questions about your Medicare premiums, help is available at SSadvisor@amacfoundation.org, or at (888) 750-2622.
Russell Gloor is a national Social Security advisor at the AMAC Foundation, the nonprofit arm of the Association of Mature American Citizens (AMAC). The 2.4-million-member AMAC says it is a senior advocacy organization. Send your questions to: ssadvisor@amacfoundation.org.
Author’s note: This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained, and accredited by the National Social Security Association (NSSA). The NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity.
BAE Systems set for $65 million expansion of Endicott operations, creating up to 134 new jobs
ENDICOTT, N.Y. — BAE Systems is investing $65 million to expand operations in the village of Endicott in Broome County. The company will add a
Binghamton University launches presidential search, seeks community input
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Syracuse airport launches new parking-shuttle service
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