A decision made by New York State explained that manual workers could sue their company over their wages being paid late. In New York, how frequently one is required to pay a worker depends on how that work is classified. It’s vital to understand who’s considered a manual worker as they must be paid on a weekly basis, not biweekly.
Who Is Considered A Manual Worker
In New York, a manual worker is considered a mechanic, workingman, or laborer who spends more than 25 percent of working time performing physical labor. If employees spend at least 25% of their working time engaged in “physical labor,” they will be considered a manual worker. The term “physical labor” isn’t just limited to lifting heavy objects or the back-breaking work many will consider it to reference. Instead, the term includes any worker who completes “countless physical tasks.”
Frequency Of Paying Manual Workers
Manual workers in New York must be paid weekly and no later than seven calendar days after the end of the week for which the wages were earned. Large employers can also pay their manual workers semi-monthly, but they must apply to the Commission of Labor.
However, if you’re working in an executive, administrative, or professional capacity and earning more than $900 a week, the pay frequency doesn’t apply. In addition, there are some cases an employee may be considered exempt from overtime purposes as a manual laborer under the pay frequency law.
Exemption Eligibility
There are large employers that could potentially apply to the New York State Department of Labor for an exemption. To qualify for the exemption, an employer must have an average of 1,000+ employees in New York during the last three years. In addition, if you’re an employer with an average of 1,000+ employees in New York within the last year and an average of 3,000+ employees outside of New York in the previous three years.
Is It Time For Your Business To Outsource Payroll?
If you’re a small business owner who finds it challenging to keep up with laws and regulations, consider outsourcing your payroll functions to GMS. At GMS, we provide our clients with GMS Connect, an online payroll software where your employees can keep track of their paychecks. We ensure that all employees are paid the right amount on time. Contact us today.