If You Are a Manual Worker in New York - You Must Be Paid Weekly

How Often Should I Be Paid if I Perform Manual Work?

Unless your employer has authorization from the New York Commissioner of Labor (and, among other things, employs at least 1,000 workers in New York) or is a non-profitmaking organization, employees who perform manual work need to be paid weekly within seven days of the work performed.[1]  This means that a lot of manual workers in New York State should be paid weekly.  Even if the exception applies, manual workers cannot be paid any less than twice a month.[2]

If you are a manual worker, and are being paid less often than every week, you may be entitled to considerable damages.

Who is a Manual Worker?

A manual worker can perform a variety of tasks.  For example, courts have found that janitors, cooks, carpenters, and supermarket employees fit the bill and may be entitled to payment on a weekly basis.[3]

What if My Employer Paid All of My Wages Biweekly Instead of Weekly?

You still may be entitled to recovery since an accompanying statue provides that certain violations of the New York Labor Law render employees eligible for damages in the sum of 100% of the delayed wages, attorneys’ fees, and interest on the sum of the delayed wages.[4]  More than one court recently determined that the damages are necessary to remedy the delayed payments.  Otherwise, an employer could ignore the weekly payment requirement—and the law—and avoid a penalty just by paying the employee when the employer felt like it.[5] 


What if My Employer Knew It Was Supposed to Pay Me Weekly, But Decided Not to?

An employer who knows about the obligation to pay manual workers weekly, but actively decides not to do so, could be liable for triple the sum of the delayed wages.[6] As you can imagine, that sum could really add up—especially when you take New York’s 6-year statute of limitations applicable to such claims into consideration!

If you would like to discuss your situation with us, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.

 


[1] NYLL §191(1)(a).

[2] NYLL §191(1)(a).

[3] Scott v. Whole Foods Mkt. Grp., Inc., 18 CV 0086 (SJF)(AKT), 2019 U.S. Dist. LEXIS 61726 *8, 2019 WL 1559424 (E.D.N.Y. Apr. 9, 2019)(collecting cases).

[4] NYLL §198(1-a); Scott, 2019 U.S. Dist. LEXIS 61726 *10-11.

[5] Scott, 2019 U.S. Dist. LEXIS 61726 *10-11; see also Vega v. CM & Assoc.Constr.Mgt., LLC, 9733, 23559/16E, 2019 N.Y. App.Div. LEXIS 6464*, 2019 N.Y. Slip Op 06459, 2019 WL 4264384 (1st Dept. Sep. 10, 2019)

[6] NYLL §198(1-a).