what are the laws about not being paid on time in new york state?

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what are the laws about not being paid on time in new york state?

i work in new york and i was not paid on the day i was suppose to be paid on the
first time i waited 4 days and this time today is the day and i havent been paid

Asked on March 11, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are an executive, administrative or professional employee, then your state doesn't specify how often or when you must be paid. You may still sue your employer for the money, since not paying you for work you did is a breach of contract (the agreement, whether written or oral, under which you perform work for pay). It takes months for a case to come to court and be resolved.
If you are not an executive, administrative, or professional employee, you should have been paid at twice per month under the law. If not paid on time, that may be a violation of the NYS payroll law and you could complain to the state department of labor; such a complaint will still take days or weeks for anything to happen, and if you receive the money in the interim, the complaint will then be moot.
Basically, if the employer is just a little late and it's not a recurring problem, there's nothing to do--any of your options will take so long that you'll be paid well before the legal process works. If they don't pay you at all, you can sue them or complain to Labor to get the money; and if they regularly pay you late and you're not an executive, administrative, or professional employee, you could complain to Labor about the systematic or recurring violation to try to get it straightened out.


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