If You Employ Manual Workers, Did You Know They Usually Need to be Paid Weekly?
Unless you have authorization from the New York Commissioner of Labor (and, among other things, employ at least 1,000 workers in New York) or are a non-profitmaking organization, your employees who perform manual work need to be paid weekly within seven days of the work performed.[1] Even if the exception applies, manual workers cannot be paid any less than twice a month.[2]
Who is a Manual Worker?
A manual worker can perform a variety of tasks. For example, courts have found that janitors, cooks, carpenters, and supermarket employees fit the bill and may be entitled to payment on a weekly basis.[3]
Can An Employee Bring a Private Cause of Action Against An Employer For Such A Failure?
Yes, though at least one employer very recently challenged whether an employee (rather than only the New York Commissioner of Labor) can bring a private cause of action for failure to pay wages directly against an employer, courts have repeatedly found that employees have this right under applicable New York Labor Law.[4] In reaching this conclusion, courts have relied on the New York Labor Law’s objective of protecting workers[5].
What if I Paid Employees All of Their Wages Biweekly Instead of Weekly?
You are still likely liable for damages since the objective of the law is to assure timely payment of wages to manual workers.[6] Courts have found that actual damages are not necessary and employees are still entitled to recovery since an accompanying statue provides that certain violations of the New York Labor Law render employees eligible for damages in the sum of 100% of the delayed wages, attorneys’ fees, and interest on the sum of the delayed wages.[7] More than one court recently determined that the damages are necessary to remedy the delayed payments. Otherwise, an employer could ignore the weekly payment requirement—and the law—and avoid a penalty just by paying the employee when the employer felt like it.[8]
If You Know You Should Pay Manual Workers Weekly and Choose Not To, The Damages Can Be Substantial.
An employer who knows about the obligation to pay manual workers weekly, but actively decides not to do so, could be liable for triple the sum of the delayed wages.[9] As you can imagine, that sum could really add up—especially when you take New York’s 6-year statute of limitations applicable to such claims into consideration!
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[1] NYLL §191(1)(a).
[2] Id.
[3] Scott v. Whole Foods Mkt. Grp., Inc., 18 CV 0086 (SJF)(AKT), 2019 U.S. Dist. LEXIS 61726 *8, 2019 WL 1559424 (E.D.N.Y. Apr. 9, 2019)(collecting cases).
[4] Sorto v. Diversified Maint. Sys., 20-cv-1302 (JS)(SIL), 2020 U.S. Dist. LEXIS 216328 (E.D.N.Y. Nov. 15, 2020)(magistrate’s Report & Recommendation), aff’d Sorto v. Diversified Maint. Sys., 20-cv-1302 (JS)(SIL), 2020 U.S. Dist. LEXIS 242856 (E.D.N.Y. Dec. 28, 2020); see also Vega v. CM & Assoc. Constr. Mgt., LLC, 9733, 23559/16E, 2019 N.Y. App.Div. LEXIS 6464*, 2019 N.Y. Slip Op 06459, 2019 WL 4264384 (1st Dept. Sep. 10, 2019).
[5] Id.
[6] Vega, 2019 N.Y. Slip Op 06459; Scott v. Whole Foods Mkt. Grp., Inc., 18 CV 0086 (SJF)(AKT), 2019 U.S. Dist. LEXIS 61726 *13, 2019 WL 1559424 (E.D.N.Y. Apr. 9, 2019)
[7] NYLL §198(1-a); Scott, 2019 U.S. Dist. LEXIS 61726 *10-11.
[8] Scott, 2019 U.S. Dist. LEXIS 61726 *10-11; see also Vega, 2019 N.Y. Slip Op 06459.
[9] NYLL §198(1-a).