N.Y. Labor Law § 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.