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New York Labor - Article 6 - § 191 Frequency of Payments

Legal Research Home > New York Laws > Labor > New York Labor - Article 6 - § 191 Frequency of Payments


Labor 
 
    §  191.  Frequency  of  payments. 1. Every employer shall pay wages in
  accordance with the following provisions:
    a. Manual worker.--- (i) A manual worker shall be paid weekly and  not
  later  than  seven  calendar days after the end of the week in which the
  wages are earned; provided however that a manual worker employed  by  an
  employer authorized by the commissioner pursuant to subparagraph (ii) of
  this  paragraph  or  by a non-profitmaking organization shall be paid in
  accordance with the agreed terms of employment, but not less  frequently
  than semi-monthly.
    (ii) The commissioner may authorize an employer which has in the three
  years  preceding  the application employed an average of one thousand or
  more persons in this state or has for one year preceding the application
  employed an average of one thousand or more persons in  this  state  and
  has  for  three  years  preceding the application employed an average of
  three thousand or more persons outside the state to pay less  frequently
  than  weekly  but  not less frequently than semi-monthly if the employer
  furnishes satisfactory proof  to  the  commissioner  of  its  continuing
  ability   to   meet   its   payroll  responsibilities.  In  making  this
  determination the commissioner shall consider  the  following:  (A)  the
  employer's  history  meeting  its  payroll  responsibilities in New York
  state or if no such history  in  New  York  state  is  available,  other
  financial  information,  as  requested  by  the commissioner, which will
  assist the commissioner in determining the likelihood of the  employer's
  continuing  ability  to  meet payroll responsibilities; (B) proof of the
  employer's coverage for workers' compensation and disability; (C)  proof
  that there are no outstanding warrants of the department of taxation and
  finance  or  the department of labor against the employer for failure to
  remit state personal income tax withholdings or  unemployment  insurance
  contributions; and (D) proof that the employer has a computerized record
  keeping  system for payroll which, at a minimum, specifies hours worked,
  rate of pay, gross wages, deductions and date of pay for each  employee.
  If   the   employers'   manual   workers  are  represented  by  a  labor
  organization, the commissioner shall not grant an employer's application
  for authorization under this subparagraph unless that labor organization
  consents thereto.
    Upon notice to the employer  and  an  opportunity  to  be  heard,  the
  commissioner  may  rescind  such authorization whenever the commissioner
  has determined, based  upon  the  factors  enumerated  above,  that  the
  employer  is  no  longer  able  to  meet its payroll responsibilities as
  previously authorized.
    b. Railroad worker.--- A railroad worker shall be paid  on  or  before
  Thursday  of  each  week  the  wages  earned during the seven-day period
  ending on Tuesday of the preceding week; and provided  further  that  at
  the  written  request and notification of address by any employee, every
  railroad corporation, with the exception  of  those  commuter  railroads
  under  the  jurisdiction  of  the metropolitan transportation authority,
  shall mail every check for wages of such employee via the United  States
  postal service, first class mail.
    c.  Commission  salespersons.--A  commission salesperson shall be paid
  the wages, salary, drawing account, commissions  and  all  other  monies
  earned or payable in accordance with the agreed terms of employment, but
  not  less frequently than once in each month and not later than the last
  day of the month following the month in which they are earned; provided,
  however, that if monthly or more  frequent  payment  of  wages,  salary,
  drawing   accounts  or  commissions  are  substantial,  then  additional
  compensation earned, including but not limited  to  extra  or  incentive
  earnings, bonuses and special payments, may be paid less frequently than
  once  in each month, but in no event later than the time provided in the

  employment agreement or compensation plan. The employer shall furnish  a
  commission  salesperson,  upon  written request, a statement of earnings
  paid or due and unpaid. The agreed terms of employment shall be  reduced
  to  writing, signed by both the employer and the commission salesperson,
  kept on file by the employer for a period not less than three years  and
  made  available  to  the  commissioner  upon request. Such writing shall
  include a description of how wages, salary, drawing account, commissions
  and all other monies earned and payable shall be calculated.  Where  the
  writing provides for a recoverable draw, the frequency of reconciliation
  shall  be included. Such writing shall also provide details pertinent to
  payment of wages, salary, drawing account,  commissions  and  all  other
  monies  earned  and  payable in the case of termination of employment by
  either party. The failure of an employer to produce such  written  terms
  of  employment,  upon  request of the commissioner, shall give rise to a
  presumption  that  the  terms  of  employment  that   the   commissioned
  salesperson has presented are the agreed terms of employment.
    d.  Clerical and other worker.--- A clerical and other worker shall be
  paid the wages earned in accordance with the agreed terms of employment,
  but  not  less  frequently  than  semi-monthly,  on  regular  pay   days
  designated in advance by the employer.
    2.  No  employee  shall  be  required  as a condition of employment to
  accept wages at periods other than as provided in this section.
    3. If employment is terminated, the employer shall pay the  wages  not
  later  than  the  regular  pay  day  for the pay period during which the
  termination occurred, as established in accordance with  the  provisions
  of  this section. If requested by the employee, such wages shall be paid
  by mail.
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Last modified: February 15, 2014