Manual workers in New York include but are not limited to customer service and sales associates; cashiers; hairdressers; restaurant workers; supermarket employees; pharmacy technicians, security guards; janitors; carpenters; pizza makers and chauffeurs.
Section 191 of the New York Labor Law (NYLL) sets forth specific requirements for how frequently New York employers must pay certain employees. Under this law, manual workers must be paid on a weekly basis within seven calendar days of earning their wages.[i]
Violation of the frequency of pay requirements to manual workers may result in significant monetary liability for liquidated damages, attorneys’ fees, costs and interest.
The NYLL defines a manual worker as a “mechanic, workingman or laborer,” and the New York Department of Labor defines a “manual worker” as an individual who spends more than twenty-five percent of their working time engaged in “physical labor.” Common tasks classified as physical labor include heavy lifting, stocking shelves, unpacking boxes and bagging purchases, cleaning, and standing and walking for long periods of time. The term “manual worker” can therefore refer to individuals working in retail, customer service, and certainly hospitality. Whether someone is a “manual worker” under the NYLL ultimately depends on what they are doing.
Over the years, the New York State Department of Labor has issued various opinion letters defining these jobs as “manual workers”: customer service and sales associates; cashiers; hairdressers; restaurant workers; supermarket employees; pharmacy technicians; security guards; janitors; carpenters; pizza makers and chauffeurs.
If a manual worker is not paid on a weekly basis, he or she can sue under Section 191 and recover liquidated damages, which are mandatory under Section 198(1-a), even if the manual worker was paid in full, the following week.
In other words, if you are a manual worker, and you are paid less frequently than every week – you are entitled to mandatory monetary damages. Manual workers who establish such late payments, are entitled to recover liquidated damages in the amount of 100% percent of their delayed wages, in addition to interest, attorneys’ fees and costs.
Here is an example of how the math works:
Let’s say that you earn $20 per hour, worked 40 hours per week and are paid every other week. Since there are 52 weeks in one year, your wages were paid late for 26 weeks and would be subject to 100% liquidated damages. Calculated out: 40 hours x $20.00 x 26 weeks = $20,800.00 per year for the statutory period under the NYLL (i.e., 6 years from the date the civil action is filed). If you were employed six years, you could be owed as much as $124,800.00 in statutory damages plus interest, costs and attorney’s fees.
Do you think you might be entitled to recover liquidated damages for delayed wages? We can help. Call or email any time.
[i] With limited exceptions, e.g. for non-profits.