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Work & wages · Your right

How often must you be paid in New York? Weekly pay for manual workers, twice a month for most others

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Under New York Labor Law § 191, manual workers (people who do physical work, such as laborers and mechanics) must be paid weekly, no later than seven days after the end of the week the wages were earned, unless the employer has DOL permission or is a nonprofit, in which case at least twice a month. Clerical and most other workers must be paid at least twice a month on regular paydays set in advance. Commission salespeople must be paid at least monthly. You can't be required to accept a different schedule as a condition of the job.

Read on for the details, the exceptions and the sources.

In plain words

Manual worker
The law's term for a 'mechanic, workingman or laborer' — a worker whose job is physical labor. Whether you count depends on what you actually do.
Semi-monthly
Twice a month, such as on the 15th and the last day of the month.
Clerical and other worker
Everyone who isn't a manual worker, railroad worker or commission salesperson, except executives, administrators and professionals earning over $1,300 a week.

What is it?

A rule about timing: your employer has to pay your wages on a fixed schedule, and the schedule depends on the kind of work you do. The regular payday must appear on your hiring pay notice (Labor Law § 195(1)).

Who qualifies?

  • Manual workers: paid weekly and not later than seven calendar days after the end of the week in which the wages were earned (§ 191(1)(a)(i)).
  • Manual workers of a nonprofit, or of an employer the Commissioner of Labor has authorized: as agreed, but at least semi-monthly (§ 191(1)(a)(i)–(ii)). The DOL publishes the list of employers authorized to pay manual workers every two weeks.
  • Clerical and other workers: as agreed, but not less often than semi-monthly, on regular paydays designated in advance (§ 191(1)(d)).
  • Commission salespeople: at least once a month, and no later than the last day of the month after the one in which the commissions were earned, under a signed written agreement (§ 191(1)(c)).
  • Railroad workers: weekly, on a schedule set in § 191(1)(b).

Exceptions

  • Executive, administrative and professional employees earning more than $1,300 a week aren't 'clerical and other workers' (§ 190(7)), so the twice-a-month rule doesn't cover them; they are paid as their employment terms say.
  • Government employers aren't 'employers' under this part of the Labor Law (§ 190(3)).
  • Employers with the Commissioner's written authorization may pay manual workers every other week.

How much?

This right is about when you're paid, not how much. If you're paid late, Labor Law § 198(1-a) generally allows liquidated damages of up to 100% of the late wages. But for a manual worker who was paid at least twice a month on a regular payday, the law limits damages for a first violation to no more than the lost interest on the delayed wages; a 100% award applies only to employers with a prior final order for the same violation, involving employees doing the same work.

How is it calculated?

Count from the end of the workweek. Example: if your week runs Monday through Sunday and you're a manual worker, wages earned that week must be paid by the following Sunday at the latest. For semi-monthly pay, check that you get two regular paydays every month and that each one actually arrives on the scheduled date.

What documents do you need?

  • Your hiring pay notice, which lists the regular payday
  • Pay stubs showing the dates of work each payment covers
  • Bank deposit records showing the date each payment arrived
  • A short description of your actual job duties (to show whether you are a manual worker)

How do you get it?

  1. Check your category

    Compare your real duties with the categories above. If you spend your days doing physical work, you may be a manual worker owed weekly pay.

  2. Ask your employer

    Point out the schedule § 191 requires and ask for it in writing. You can't be required to accept a different schedule as a condition of employment (§ 191(2)).

  3. Complain to the DOL

    If the employer doesn't comply, file a complaint on form LS223 with the Division of Labor Standards.

What if they refuse?

File with the DOL or bring a court claim for the remedies in § 198. Complaining about pay timing is protected; Labor Law § 215 bars retaliation, and the DOL lists cutting hours or moving you to worse shifts among actions that can be retaliation.

Deadlines

Court claims under Article 6 of the Labor Law generally must be brought within six years (§ 198(3)). The DOL won't accept claims for wages earned more than three years ago.

Frequently asked questions

My employer pays every two weeks. Is that legal?

For clerical and most other workers, yes, as long as you're paid at least twice a month on regular paydays. For manual workers, generally only if the employer is a nonprofit or has the Commissioner's authorization; otherwise manual workers must be paid weekly.

Who counts as a manual worker?

Labor Law § 190(4) defines a manual worker as a 'mechanic, workingman or laborer'. It depends on your actual duties, not your job title. The DOL publishes frequency-of-pay FAQs explaining how it applies the rule.

Can my employer change my payday?

Your employer must notify you in writing at least seven calendar days before changing information on your pay notice, including the regular payday, unless the change appears on your wage statement (Labor Law § 195(2)). The new schedule must still meet § 191.

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.