Many employers are not aware that the New York Labor Law requires that "manual workers" be paid on a weekly basis. The Labor Law defines manual workers as "a mechanic, working man or laborer." The New York Labor Department considers anyone who spends more than 25% of their time engaged in physical labor to be a manual worker. Guidance published by the Labor Department states: "the term 'physical labor' has been interpreted broadly to include countless physical tasks performed by employees."
In a class action case decided several years ago a New York appellate court ruled that an employee who was not paid weekly as required by law could sue her employer to recover an amount equal to the wages which were paid late, plus attorneys fees. The court made this decision even though the employee had been paid all wages owed to her, but not on a weekly basis. This legal theory has been recognized in many court decisions since then, including two recent decisions in class action cases in the Federal Court in Buffalo.
There have been recent Facebook posts which appear to be originated by attorneys soliciting clients to bring these types of actions.
We recommend that all employers review their payroll practices to ensure compliance with this law.
Joe Saeli and Margot Knab at Colligan Law are prepared to assist you in complying with this law, and all other employment laws.
The court made this decision even though the employee had been paid all wages owed to her, but not on a weekly basis.