NYS Employment Law - Classifying and paying manual workers

In New York, how frequently you’re required to pay a worker depends on how that worker is classified. It’s all outlined in Labor Law Section 191.

Who is considered a manual worker?

If you want to get technical, a manual worker is defined as “a mechanic, workingman or laborer” according to Section 190(4) of the New York State Labor Law.

More specifically, if this employee spends at least 25% of his or her working time engaged in “physical labor” they will be considered a manual worker.

The term “physical labor” isn’t just limited to lifting heavy objects or the back-breaking work many will consider it to reference. The term broadly includes workers who complete “countless physical tasks.”

How often do I have to pay a manual worker?

In New York, manual workers must be paid weekly, and no later than 7 calendar days later than the end of the week for which the wages were earned.

For example, you must pay your manual worker on or before October 15th for the work week that ended on October 8th.

Manual workers for non-profit entities must be paid “in accordance with their agreed terms” but those terms must pay them at least once per month.

Large employers can also pay their manual workers semi-monthly, but they must first apply to the Commission of Labor.

For more information, check out this resource from the New York State Department of Labor.

If you’re still confused, or have a question, get in touch with us. We’d love to help you out!