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Wages required by the Federal Fair Labor Standards Act (FLSA) are due on the regular payday for the pay period covered. The timing of paydays is a matter governed by state law. Here are the wage payment timing laws for New York.<\/p>\nWages required by the Federal Fair Labor Standards Act (FLSA) are due on the regular payday for the pay period covered. The timing of paydays is a matter governed by state law. Here are the wage payment timing laws for New York.<\/p>\n
Employers in New York are generally required to pay employees at least twice per month on paydays designated in advance. Fringe benefits (such as vacation or holiday pay) must be paid within 30 days after payment is required to be made.<\/p>\n
The New York\u00a0Wage Theft Prevention Act<\/a>\u00a0amended the\u00a0New York Labor Law\u00a0to expand employee notifications, enhance available remedies for wage law violations, and strengthen whistleblower protections. Highlights of the law are outlined below.<\/p>\n Employers are required to provide employees,\u00a0at the time of hiring<\/b>, a notice containing the following information:<\/p>\n This notification must be provided in writing, in English and in the language identified by each employee as his or her primary language.<\/p>\n Additionally, the employer must obtain a signed and dated written acknowledgment of receipt of this notice from each employee (in English and in the employee’s primary language) each time such notice is provided. This acknowledgment must include an affirmation by the employee that the employee accurately identified his or her primary language to the employer, and that the notice provided by the employer was in that language (or as otherwise required under the law). Employers are required to maintain this acknowledgment for\u00a0six years.<\/p>\n Under the law, the New York State Department of Labor is responsible for preparing dual-language templates that comply with these requirements. Please\u00a0click here<\/a>\u00a0for these templates.\u00a0Note<\/strong>: When an employee identifies as his or her primary language a language for which a template is not available from the labor commissioner, the employer must provide that employee an English-language notice or acknowledgment.<\/p>\n Employers are also required to notify employees in writing of any changes to the information required by the above notice at least seven calendar days in advance unless the change is listed on the employee’s pay stub.<\/p>\n Employers are required to provide each employee with a statement\u00a0with every payment of wages<\/b>, listing the following:<\/p>\n For employees who are not exempt from overtime pay, this statement must also include:<\/p>\n Payroll records showing the hours worked per week, the rate or rates of pay and the basis of the wage payment, gross wages, deductions, allowances, and net wages for each employee also must be maintained by the employer for six years.<\/p>\n View a sample wage statement<\/a>.<\/p>\n Note<\/strong>: Under a\u00a0local law<\/a>\u00a0(“Introduction Number 1396-A”) in New York City, a\u00a0fast food employer<\/b>\u00a0must pay\u00a0schedule change premiums<\/b>\u00a0at such time as the employer pays an employee wages owed for work performed during that work week. Schedule change premium pay must be\u00a0separately noted on a wage stub<\/b>\u00a0or other form of written documentation and\u00a0provided to the employee<\/b>for that pay period.\u00a0Click here<\/a>\u00a0for more information, including details on additional requirements and the scope of coverage.\u00a0Rules<\/a>\u00a0are also available.<\/p>\n There are also potential criminal penalties for violating the law.<\/p>\n For more information about the Wage Theft Protection Act, please review \u00a7 195 of the New York\u00a0Labor Code<\/a>. For more information about wage payment timing generally in New York, please\u00a0click here<\/a>.<\/p>\n Click here<\/a>\u00a0to view a chart outlining the final paycheck timing requirements for each state.<\/p>\n Keeping track of all state compliance for employers can be a burden and take up a lot of time. That’s where GTM’s HR solutions<\/a> come in. Get access to a vast library of HR documents, guides, checklists, and more, plus consultations with HR experts. Request<\/a> a free quote or contact us to learn more about how we help businesses focus on growth.<\/p>\n","protected":false},"excerpt":{"rendered":" Learn about your obligations as an employer regarding the wage payment timing laws for New York.<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[266],"tags":[6,158,15],"post_folder":[],"class_list":["post-5994","post","type-post","status-publish","format-standard","hentry","category-consulting-services","tag-new-york-employers","tag-paystub","tag-wage-rate"],"_links":{"self":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/5994","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/comments?post=5994"}],"version-history":[{"count":4,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/5994\/revisions"}],"predecessor-version":[{"id":8299,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/5994\/revisions\/8299"}],"wp:attachment":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/media?parent=5994"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/categories?post=5994"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/tags?post=5994"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/post_folder?post=5994"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Time of Hire Notice and Written Acknowledgement<\/h2>\n
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Payroll and Paystub Notice<\/h2>\n
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Enforcement Provisions<\/h2>\n
Action by Employee<\/h3>\n
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Action by Labor Commissioner on Behalf of Employee<\/h3>\n
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New York City “Freelance Workers”<\/h3>\n
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