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One of the most important aspects of employment is, of course, your pay!  It is probably your experience that most of your other employers have paid you at different frequencies, or probably on different days of the week.  This is because, generally, New York Labor Law does not govern when and how an employer sets up a “workweek,” just that it remain consistent.  However, there are still some requirements under the Labor Law which address how often an employer must pay employees no matter how the employer decides to set up the workweek.  Our New York City wage and hour lawyer explains what those requirements are and how they may apply to you.

Frequency of Pay under New York Labor Law

Different types of employees are treated differently under New York Labor Law in terms of frequency of pay.  Pursuant to New York Labor Law Section 191, the following types of employees must be paid as follows:

Manual Workers
For manual workers and laborers, wages must be paid on a weekly basis.  Such pay must not be later than seven calendar (not business) days after the end of the week when the wages are earned.  However, there are two exceptions.  First, workers for non-profit entities must be paid pursuant to their employment agreements but not less than semi-monthly.  Second, employers may petition the Commissioner of Labor for permission to pay manual workers semi-monthly.

Executives, Administrators, and Professionals
Like overtime exemptions in Labor Law section 651, Labor Law section 191 does not apply to these professionals who earn more than $900 a week.

Other employees – Wages must be paid pursuant to the terms of employment (agreement), but not less than semi-monthly.

Earning your wages is an important part of working.  While some people do love their job and proverbially say “they haven’t worked a day in their life,” all people still need to be compensated to pay for bills and other expenses.  If your employer is not paying you as often as you should be paid which is causing a hardship on you and your family, please call the law offices of The Samuel Law Firm to learn how we can help you today.  We represent individuals anywhere in New York, particularly New York City and Northern New Jersey. Call us at 646-663-4228 or send us an email at michael@thesamuellawfirm.com for a free consultation on how we can assist you.