The New York Department of Labor requires that employers pay wages at a certain frequency. This frequency depends on the type of work their employees perform. Follow along to find out what types of workers are required to get paid weekly and how a proficient New York wage & hour lawyer at Bell Law Group can help you retain these earnings.
What types of workers are required to get paid weekly in New York State?
According to New York Labor Law 191, hourly manual workers are required to get paid weekly. “Manual workers” are considered those who spend 25 percent or more of their workday engaged in some sort of physical labor. And “weekly” means within seven calendar days from the end of the week in which the worker earned their wages.
It is often assumed that physical labor is confined to the job tasks of construction workers, mechanics, or otherwise. However, the definition of physical labor goes far beyond what you may initially think. Examples include, but are not limited to, the following:
- Cleaning or dusting for significant periods of time.
- Standing and walking for significant periods of time.
- Carrying trays for significant periods of time.
- Heavy lifting for significant periods of time.
- Patrolling for theft and monitoring for loss prevention.
- Stocking shelves or removing secured items from shelves.
- Arranging inventory, and even unpacking boxes and packing purchases.
- Installing heating and cooling systems, security technology, or otherwise.
- Operating machinery, and even driving for significant periods of time.
With that being said, the types of manual workers that are entitled to weekly pay include, but are not limited to, the following:
- Bartenders and baristas.
- Customer service representatives and sales associates.
- Hairdressers and stylists.
- Pharmacy technicians.
- Restaurant workers.
- Security guards and loss prevention agents.
- Shipping and receiving clerks.
- Supermarket employees.
What should I do if I am not being paid accordingly?
Firstly, it is important to note that, in New York State, manual workers employed at nonprofit entities may be paid in accordance with the agreed-upon terms of their employment. But still, this pay must not be any less frequent than semi-monthly. What’s more, if you do not see your job title listed above, you may still be eligible for weekly payments. This is because sometimes there are different job titles applied to the same or similar job function.
So, if you believe that your employer is failing to distribute your wages at the required frequency, then you may file a complaint with the New York Department of Labor. In the end, we recommend that you consult with a talented New York employee rights lawyer as soon as possible. Call to schedule your free initial consultation with Bell Law Group today.