Timing Requirements for Wage Payments in New York

Every person, corporation or association is covered by New York's wage payment law, except for a governmental agency employing any individual in any occupation, industry, trade, business or service.

For manual workers, wages must be paid weekly with a holdover of seven days permitted. Salespersons must be paid at least once each calendar month unless a less frequent payment schedule has been authorized by the Commissioner of Labor, as outlined below. In any case, wages may not be paid less frequently than semimonthly.

Manual workers employed by nonprofit organizations may be paid in accordance with the agreed terms of employment, but not less frequently than semimonthly.

Clerical and other employees must be paid in accordance with employment contracts, but at least semimonthly, on regular pay days designated in advance by the employer.

The Commissioner of Labor may authorize certain employers to pay wages less often than weekly but not less often than semimonthly.

Commissioned salespersons. A commissioned salesperson must be paid all money earned or payable in accordance with the terms of employment, but not less frequently than once each month and not later than the last day of the month following the month in which they were earned. If monthly or more frequent payment of earnings are substantial, then additional compensation earned, including bonuses, may be paid less frequently than once each month but, in no event, later than the time provided in the employment agreement or compensation plan. If requested in writing, the employer must give a commissioned salesperson a statement of earnings paid or due and unpaid.