Frequency of Wage Payments

An employer must pay:

• manual workers: weekly and no later than seven calendar days after the end of the week in which the wages were earned, unless the employer has obtained permission from the commission to pay employees less frequently, not to exceed semi-monthly.
• railroad workers: on or before Thursday of each week the wages earned during the seven-day period ending on Tuesday of the preceding week.
• commission salespersons: at least once per month and not later than the last day of the month following the month in which the wages were earned.
• clerical and other workers: not less frequently than semi-monthly, on regular pay days designated in advance by the employer.

NY Labor Law, Art. 6, § 191
 


 

Manner of Wage Payments

An employer may pay an employee by:

• cash
• check redeemable for full face value without deduction or fee
• direct deposit, only with the employee’s consent

NY Labor Law, Art. 6, § 192
 

Direct Deposit

An employer may pay wages by direct deposit, but only without the advance written consent of the employee, except for a bona fide executive, administrative, or professional capacity whose earnings are in excess of nine hundred dollars a week and employees working on a farm not connected with a factory. NY Labor Law, Art. 6, § 192
 

Payment upon Separation from Employment

Employees who are fired, discharged, terminated, or laid off

When an employee is discharged from employment by the employer, the employer must pay the employee all wages due no later than the regular pay day for the pay period in which the discharge occurred. The wages due must be mailed if so request by the employee. NY Labor Law, Art. 6, § 191

An employer must notify any employee terminated from employment, in writing and within five (5) days, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. In no case shall notice of such termination be provided more than five working days after the date of such termination. NY Labor Law, Art. 6, § 195

Employees who quit or resign

New York does not have a law specifically addressing the payment of wages to an employee who quits, however, to ensure compliance with known laws, an employer should pay employee all wages due no later than the regular pay day for the pay period during which the separation from employment occurred.

Employees who are suspended or resigns due to a labor dispute (strike)

New York does not have a law specifically addressing the payment of wages to an employee who leaves employment due to a labor dispute, however, to ensure compliance with known laws, an employer should pay employee all wages due no later than the regular pay day for the pay period during which the separation from employment occurred.

Wages in Dispute

New York does not have any laws requiring an employer to pay an employee wages conceded to be due when involved in a wage dispute with the employee.

Deductions from Wages

New York law does not permit employers to deduct:

• cash shortages,
• inventory shortages,
• loss of or damage to their property,
• required uniforms
• required tools or other items necessary for employment

An employer may not deduct wages from an employees paycheck, unless:

• it is permitted by state or federal law, or
• the deduction is for:
  • insurance premiums,
  • pension or health and welfare benefits,
  • contributions to charitable organizations,
  • U.S. bonds, union dues or assessments, or
  • other similar benefits of the employee, and the employee has given written consent for the deduction.

The employee’s written consent to any deduction must be kept on file on the employer’s premises.
NY Labor Law, Art. 6, § 193

Uniforms, Tools, and Other Equipment Necessary for Employment

New York does not have any laws prohibiting an employer from requiring an employee to purchase a uniform, tools, or other items necessary for employment.

Pre-hire Medical, Physical, or Drug Tests

New York does not have any laws prohibiting an employer from requiring an applicant or employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.

Notice of Wage Reduction

An employer must notify an employee of any change to his or her wage rate before the hours are worked. NY Labor Law, Art. 6, § 195

Statement of Wages (Pay Stub)

An employer must furnish each employee with a statement with every payment of wages, listing:

• gross wages,
• deductions, and
• net wages.

Upon the request of an employee, an employer must provide the employee an explanation of how his or her wages were computed.

NY Labor Law, Art. 6, § 195

Record Keeping Requirements

An employer must establish, maintain and preserve for not less than three (3) years payroll records showing:

• the hours worked,
• gross wages,
• deductions, and
• net wages for each employee.

NY Labor Law, Art. 6, § 195

Notice Requirements

An employer must:

• notify its employees at the time of hiring of the rate of pay and of the regular pay day designated by the employer;
• notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.

NY Labor Law, Art. 6, § 195