New York Paychecks laws & HR compliance analysis

New York Paychecks: What you need to know

"Wages" includes all amounts due for labor or service performed by an employee for which the employee has a reasonable expectation of payment. Wages may be fixed or determined by time, job, piecework, commission, or any other method. Wages also include, but are not limited to, benefits or wage supplements such as health, retirement, vacation, separation, or holiday pay (NY Labor Law Sec. 190).
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Employers must designate regular paydays in accordance with the following provisions (NY Labor Law Sec. 191).
Manual workers. Most manual workers must be paid weekly, not more than 7 calendar days after the end of the week in which the wages were earned. According to the Department of Labor, Division of Labor Standards, "manual worker" means "a mechanic, a workingman or woman, or a laborer." Workers employed by nonprofit organizations may be paid semimonthly under agreed terms of employment. An employer that during the 3 preceding years employed an average of 1,000 or more persons in New York or during the preceding year employed an average of 1,000 or more persons in New York and during the 3 preceding years employed an average of 3,000 or more persons outside the state may apply to the Labor commissioner for authorization to pay manual workers less frequently but not less frequently than semimonthly. The employer must furnish satisfactory proof to the commissioner of its continuing ability to meet its payroll responsibilities. In making this determination, the commissioner will consider the following:
• The employer's history in meeting its payroll responsibilities in New York or, if no such history in New York is available, other financial information that the commissioner requests;
• Proof of the ...

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