What is Labor Law Section 191?

New York Labor Law (NYLL) Section 191 dictates that employers must pay manual laborers weekly, within seven calendar days of the week during which the wages are being earned.

Are all Private Sector Employers mandated to pay weekly?

All private sector employers are covered by Section 191 and the protections apply to most employees working for such employers in New York. Even Charter schools, private schools, and not-for-profit corporations are covered, because they are private entities within the meaning of this provision.

Who is considered a manual worker? 

NYLL Section 190(4) dictates that a “manual worker” is “a mechanic, workingman or laborer.” This has been interpreted to mean that individuals who spend more than 25% of working time engaged in “physical labor” fit within the meaning of the term “manual worker. The term “physical labor” has been interpreted broadly to include multiple physical tasks performed by employees.

What does that mean for me?

There is potential for certain employees to recover liquidated damages in the amount of 100% percent of their delayed wages, in addition to interest, attorneys’ fees and costs.

Who can I call for help?

A skilled labor law attorney can assist in determining who should be considered a manual worker, not an administrative employee.

Reach out to The Law Offices of Rudolph F.X. Migliore, P.C. Our firm is currently accepting cases related to weekly pay for manual laborers.

Call our office at (631)-543-3663 or fill out our free form at the link below. https://migliorelaw.com/laborlaw/

We are located at 353 Veterans Memorial Highway Commack, New York 11725.

References

Shepherd, Leah. “New York Employers Must Pay Manual Workers Weekly.” SHRM, SHRM, 6 July 2022, https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-work-manual-worker.aspx.