Fisher v. Hudson Hall LLC
246 A.D.3d 434, 247 N.Y.S.3d 384, 2026 N.Y. Slip Op. 00579
Appellate Division, First Department · February 5, 2026
What the court decided
Before the 2021 amendment, the First Department held that "a wholesale withholding of payment is not a 'deduction' within the meaning of Labor Law § 193." Because the employee's claims arose before the amendment and "the Act does not apply retroactively," his § 193 claims were dismissed, and he had no separate cause of action under § 198(3). His overtime claims survived.
Who won
Mixed. The employer won dismissal of the § 193 and wage-notice claims; the employee kept his unpaid overtime claims.
Why it matters for salespeople
The First Department's current position on pay withheld before August 19, 2021. Compare Hernandez (Fourth Department, retroactive) and Okeke (Second Department).
Key passage: 246 A.D.3d 434 at 434.
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