National retailer—Wage and hour putative class action

Represented a national retailer in a putative class action asserted on behalf of hourly workers in the retailer’s New York stores and obtained on summary judgment a complete dismissal of the action. We successfully narrowed discovery to a single issue of first impression in New York—whether deli department workers inside a large retail store are “restaurant” workers potentially eligible for additional wages under New York wage law. The outcome could have impacted the retailer’s New York stores significantly and potentially affected other retailers.