Carter v. Frito-Lay, Inc.

Order, Supreme Court, New York County, entered May 24, 1979, denying plaintiffs motion for class action certification, unanimously affirmed, without costs and without disbursements. Plaintiff commenced a class action to recover compensatory liquidated damages on a wage claim pursuant to subdivision 1-a of section 198 of the Labor Law. Plaintiff was a route delivery salesman for defendant, employed on a salary and commission basis. Defendant has a complicated wage system for such salesmen whereby each is responsible for collecting third-party checks, and each is responsible for all bad checks.…