§ 191 — Frequency of payments

New York § 191

• Jurisdiction: New York
• Law LAB: Labor
• Art. 6: Payment of Wages

Text

§ 191. Frequency of payments. 1. Every employer shall pay wages in\naccordance with the following provisions:\n a. Manual worker.--- (i) A manual worker shall be paid weekly and not\nlater than seven calendar days after the end of the week in which the\nwages are earned; provided however that a manual worker employed by an\nemployer authorized by the commissioner pursuant to subparagraph (ii) of\nthis paragraph or by a non-profitmaking organization shall be paid in\naccordance with the agreed terms of employment, but not less frequently\nthan semi-monthly.\n (ii) The commissioner may authorize an employer which has in the three\nyears preceding the application employed an average of one thousand or\nmore persons in this state or has for one year preceding the application\nemployed an average of one thousand or more persons in this state and\nhas for three years preceding the application employed an average of\nthree thousand or more persons outside the state to pay less frequently\nthan weekly but not less frequently than semi-monthly if the employer\nfurnishes satisfactory proof to the commissioner of its continuing\nability to meet its payroll responsibilities. In making this\ndetermination the commissioner shall consider the following: (A) the\nemployer's history meeting its payroll responsibilities in New York\nstate or if no such history in New York state is available, other\nfinancial information, as requested by the commissioner, which will\nassist the commissioner in determining the likelihood of the employer's\ncontinuing ability to meet payroll responsibilities; (B) proof of the\nemployer's coverage for workers' compensation and disability; (C) proof\nthat there are no outstanding warrants of the department of taxation and\nfinance or the department of labor against the employer for failure to\nremit state personal income tax withholdings or unemployment insurance\ncontributions; and (D) proof that the employer has a computerized record\nkeeping system for payroll which, at a minimum, specifies hours worked,\nrate of pay, gross wages, deductions and date of pay for each employee.\nIf the employers' manual workers are represented by a labor\norganization, the commissioner shall not grant an employer's application\nfor authorization under this subparagraph unless that labor organization\nconsents thereto.\n Upon notice to the employer and an opportunity to be heard, the\ncommissioner may rescind such authorization whenever the commissioner\nhas determined, based upon the factors enumerated above, that the\nemployer is no longer able to meet its payroll responsibilities as\npreviously authorized.\n b. Railroad worker.--- A railroad worker shall be paid on or before\nThursday of each week the wages earned during the seven-day period\nending on Tuesday of the preceding week; and provided further that at\nthe written request and notification of address by any employee, every\nrailroad corporation, with the exception of those commuter railroads\nunder the jurisdiction of the metropolitan transportation authority,\nshall mail every check for wages of such employee via the United States\npostal service, first class mail.\n c. Commission salespersons.--A commission salesperson shall be paid\nthe wages, salary, drawing account, commissions and all other monies\nearned or payable in accordance with the agreed terms of employment, but\nnot less frequently than once in each month and not later than the last\nday of the month following the month in which they are earned; provided,\nhowever, that if monthly or more frequent payment of wages, salary,\ndrawing accounts or commissions are substantial, then additional\ncompensation earned, including but not limited to extra or incentive\nearnings, bonuses and special payments, may be paid less frequently than\nonce in each month, but in no event later than the time provided in the\nemployment agreement or compensation plan. The employer shall furnish a\ncommission salesperson, upon written request, a statement of earnings\npaid or due and unpaid. The agreed terms of employment shall be reduced\nto writing, signed by both the employer and the commission salesperson,\nkept on file by the employer for a period not less than three years and\nmade available to the commissioner upon request. Such writing shall\ninclude a description of how wages, salary, drawing account, commissions\nand all other monies earned and payable shall be calculated. Where the\nwriting provides for a recoverable draw, the frequency of reconciliation\nshall be included. Such writing shall also provide details pertinent to\npayment of wages, salary, drawing account, commissions and all other\nmonies earned and payable in the case of termination of employment by\neither party. The failure of an employer to produce such written terms\nof employment, upon request of the commissioner, shall give rise to a\npresumption that the terms of employment that the commissioned\nsalesperson has presented are the agreed terms of employment.\n d. Clerical and other worker.--- A clerical and other worker shall be\npaid the wages earned in accordance with the agreed terms of employment,\nbut not less frequently than semi-monthly, on regular pay days\ndesignated in advance by the employer.\n 2. No employee shall be required as a condition of employment to\naccept wages at periods other than as provided in this section.\n 3. If employment is terminated, the employer shall pay the wages not\nlater than the regular pay day for the pay period during which the\ntermination occurred, as established in accordance with the provisions\nof this section. If requested by the employee, such wages shall be paid\nby mail.\n