Employees’ Right to Weekly Payment
A NY law requiring weekly pay for manual workers might apply to you. The law we are referring to is Labor Law Section 190(4) and 191. If you did not receive pay weekly and were a manual worker, your employer may owe you a significant amount of compensation.
Are you receiving pay every two weeks?
Labor Law Section 191 states that employers must pay weekly wages to manual workers. It further clarifies the time frame as not later than seven calendars after the end of the week in which the employee earned the wages. Manual workers for non-profit entities follow a different rule. Employers pay them based on their agreed employment terms. However, they must receive pay not less frequently than semi-monthly.
In addition, large employers of manual workers may submit an application to the Commissioner of Labor to pay manual workers semi-monthly.
What Is the Definition of a Manual Worker?
New York State Labor Law Section 190(4) defines a manual worker as a “mechanic, workingman or laborer.” Workers spending more than 25 percent of their work time engaged in physical labor are manual workers. Physical labor includes numerous physical tasks that employees perform.
This could apply to you if you spend more than 25 percent of your time at work doing the following:
- Lifting, moving and/or carrying items
- Walking and/or standing for long periods of time
- Operating machines
- Mopping, washing and/or cleaning
- Stocking shelves or packing boxes
- Receiving deliveries
Cases in Violation of the NY Law Requiring Weekly Pay for Manual Workers
Our firm has handled a number of cases on behalf of manual workers who are receiving late pay. You can view the cases on our current lawsuits page.
Have you been paid unfairly in the workplace?
The Law Office of Peter A. Romero assists clients with employment law issues. Throughout NYC including Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan, clients turn to us for legal help. Call us at (631) 257-5588 or contact us online to schedule an appointment.