- New York has two rules regarding pay frequency as of July 2011. Manual workers must be paid on a weekly basis, while all other workers must be paid on a semimonthly basis. Semimonthly workers must get paid at least twice a month. Although this does not require employers to pay workers every two weeks, in practice most workers get paid approximately once every two weeks.
- New York law requires employers to provide employees with a pay statement each time they get paid. The statement lists the employee's total wages and any deductions taken out for taxes, child support or other reasons. The employer must provide this statement even if he pays the employee in cash. The statement must come with every paycheck, so the employer must provide statements every week or semimonthly.
- If a New York employee separates from employment to the company, her employer must provide her final paycheck by the next scheduled payday, regardless of whether the employee gets paid weekly or semimonthly. The employee must get her final paycheck at this time even if she was fired. The employer must follow all other rules regarding paychecks, such as providing a pay statement along with the check and refraining from taking unauthorized deductions from the paycheck.
- Employers should notify employees in advance if a payroll software problem or any other problem interferes with getting their paychecks on time. Tell your employees when they can expect their paychecks. If you do not pay your employees on time, they have the right to complain to the New York Department of Labor or file a lawsuit, so make sure you communicate if you ever have a problem.
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Pay Statement
Final Paycheck
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