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HUDACS v. FRITO-LAY, INC.

90 N.Y.2d 342 (1997)

683 N.E.2d 322

660 N.Y.S.2d 700

In the Matter of John F. Hudacs, as Commissioner of Labor of the State of New York, Appellant, v. Frito-Lay, Inc., Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Jennifer S. Brand, Barbara G. Billet, Peter H. Schiff, Daniel F. De Vita and M. Patricia Smith of counsel), for appellant.

Kilpatrick & Cody (James H. Coil III and Jeffrey A. Van Detta, of the Georgia Bar, admitted pro hac vice, of counsel), and Harter, Secrest & Emery, Rochester (Jack D. Eisenberg and A. Paul Britton of counsel), for Frito-Lay, Inc., respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

WESLEY, J.

On the particular facts of this case, we hold that respondent, Frito-Lay, Inc. did not violate Labor Law § 193, which prohibits an employer from making unauthorized deductions from wages, when it required its route salespeople to remit moneys collected from customers upon delivery of inventory, since these repayments to the company were unrelated to and independent from the payment of wages.<...

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