NY Lab L § 191 (2021)
2021 New York Laws LAB - Labor Article 6 - Payment of Wages 191 - Frequency of Payments.

§  191.  Frequency  of  payments. 1. Every employer shall pay wages in accordance with the following provisions:   a. Manual worker.--- (i) A manual worker shall be paid weekly and  not later  than  seven  calendar days after the end of the week in which the wages are earned; provided however that a manual worker employed  by  an employer authorized by the commissioner pursuant to subparagraph (ii) of this  paragraph  or  by a non-profitmaking organization shall be paid in accordance with the agreed terms of employment, but not less  frequently than semi-monthly.  (ii) The commissioner may authorize an employer which has in the three years  preceding  the application employed an average of one thousand or more persons in this state or has for one year preceding the application employed an average of one thousand or more persons in  this  state  and has  for  three  years  preceding the application employed an average of three thousand or more persons outside the state to pay less  frequently than  weekly  but  not less frequently than semi-monthly if the employer furnishes satisfactory proof  to  the  commissioner  of  its  continuing ability   to   meet   its   payroll  responsibilities.  In  making  this determination the commissioner shall consider  the  following:  (A)  the employer's  history  meeting  its  payroll  responsibilities in New York state or if no such history  in  New  York  state  is  available,  other financial  information,  as  requested  by  the commissioner, which will assist the commissioner in determining the likelihood of the  employer's continuing  ability  to  meet payroll responsibilities; (B) proof of the employer's coverage for workers' compensation and disability; (C)  proof that there are no outstanding warrants of the department of taxation and finance  or  the department of labor against the employer for failure to remit state personal income tax withholdings or  unemployment  insurance contributions; and (D) proof that the employer has a computerized record keeping  system for payroll which, at a minimum, specifies hours worked, rate of pay, gross wages, deductions and date of pay for each  employee. If   the   employers'   manual   workers  are  represented  by  a  labor organization, the commissioner shall not grant an employer's application for authorization under this subparagraph unless that labor organization consents thereto.   Upon notice to the employer  and  an  opportunity  to  be  heard,  the commissioner  may  rescind  such authorization whenever the commissioner has determined, based  upon  the  factors  enumerated  above,  that  the employer  is  no  longer  able  to  meet its payroll responsibilities as previously authorized.   b. Railroad worker.--- A railroad worker shall be paid  on  or  before Thursday  of  each  week  the  wages  earned during the seven-day period ending on Tuesday of the preceding week; and provided  further  that  at the  written  request and notification of address by any employee, every railroad corporation, with the exception  of  those  commuter  railroads under  the  jurisdiction  of  the metropolitan transportation authority, shall mail every check for wages of such employee via the United  States postal service, first class mail.   c.  Commission  salespersons.--A  commission salesperson shall be paid the wages, salary, drawing account, commissions  and  all  other  monies earned or payable in accordance with the agreed terms of employment, but not  less frequently than once in each month and not later than the last day of the month following the month in which they are earned; provided, however, that if monthly or more  frequent  payment  of  wages,  salary, drawing   accounts  or  commissions  are  substantial,  then  additional compensation earned, including but not limited  to  extra  or  incentive earnings, bonuses and special payments, may be paid less frequently than once  in each month, but in no event later than the time provided in the  employment agreement or compensation plan. The employer shall furnish  a commission  salesperson,  upon  written request, a statement of earnings paid or due and unpaid. The agreed terms of employment shall be  reduced to  writing, signed by both the employer and the commission salesperson, kept on file by the employer for a period not less than three years  and made  available  to  the  commissioner  upon request. Such writing shall include a description of how wages, salary, drawing account, commissions and all other monies earned and payable shall be calculated.  Where  the writing provides for a recoverable draw, the frequency of reconciliation shall  be included. Such writing shall also provide details pertinent to payment of wages, salary, drawing account,  commissions  and  all  other monies  earned  and  payable in the case of termination of employment by either party. The failure of an employer to produce such  written  terms of  employment,  upon  request of the commissioner, shall give rise to a presumption  that  the  terms  of  employment  that   the   commissioned salesperson has presented are the agreed terms of employment.   d.  Clerical and other worker.--- A clerical and other worker shall be paid the wages earned in accordance with the agreed terms of employment, but  not  less  frequently  than  semi-monthly,  on  regular  pay   days designated in advance by the employer.   2.  No  employee  shall  be  required  as a condition of employment to accept wages at periods other than as provided in this section.   3. If employment is terminated, the employer shall pay the  wages  not later  than  the  regular  pay  day  for the pay period during which the termination occurred, as established in accordance with  the  provisions of  this section. If requested by the employee, such wages shall be paid by mail.