wage notices

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).

Paid off the books? Your employers are (probably) crooks.

If you are being paid off the books, in cash or via personal check, your employer may be breaking the law. And you might be entitled to compensation.

Are you being paid off the books?  Chances are, your employer is breaking New York wage and hour law.  Just by failing to provide you with notifications regarding your wages and legally compliant pay stubs, your employer is breaking the law. 

If you are being paid off the books, you might be entitled to recover as much as $10,000 or more.

New York Labor Law requires employers to provide all employees with a wage notice when they start, spelling out the terms of their compensation.  The penalty for failure to do so can be as high as $5,000. 

New York Labor Law also requires employers to provide all employees with wage statements when they are paid, spelling out their rate of pay, deductions, and other wage-related matters.  The penalty for failure to do so can also be as high as $5,000.

The attorneys at Granovsky & Sundaresh can help you recoup this penalty - and maybe more.  We are experienced and aggressive wage and hour lawyers who fight to make our clients whole.  Not only will we examine whether we can recover these penalties for you, but we will also try to find other avenues to increase your recovery such as unpaid overtime, minimum wage or wrongful termination issues.

Call now. 646-524-6001. We have attorneys standing by to take your call. Or you can e-mail us - all e-mails receive a response within 24 hours.

Wage Theft Prevention Act Annual Notice Requirement

On December 29, 2014 Governor Cuomo signed a bill that repealed the Wage Theft Prevention Act annual notice requirement. Essentially, under the New York Wage Theft Prevention Act (WTPA), employers were required to notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc. before February 1 of each year -- this was the Wage Theft Prevention Act Annual Notice Requirement. Although the Wage Theft Prevention Act Annual Notice Requirement will no longer be effective as of 2015, employers are still required to provide written notice of wage rates to each new hire at the time of hire. Specially, the written notice must include:

  • Rate or rates of pay, including overtime rate of pay (if it applies)
  • How the employee is paid: by the hour, shift, day, week, commission, etc.
  • Regular payday
  • Official name of the employer and any other names used for business (DBA)
  • Address and phone number of the employer's main office or principal location
  • Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

The repeal of the Wage Theft Prevention Act annual notice requirement is cause for celebration for employers in New York as it eliminates a burdensome administrative requirement!  For more information on the Wage Theft Prevention Act, including the recent amendment, please visit the New York Department of Labor's website.