Oppose Elimination of Weekly Pay for Manual Workers

OPPOSE ELIMINATION OF WEEKLY PAY FOR MANUAL WORKERS
Part K of S8306/A8806
Education, Labor and Family Assistance
Executive Budget Bill

The New York State AFL-CIO, representing 2.5 million union members, retirees, and their families oppose the above-referenced part of the executive budget proposal.

This proposal would effectively invalidate the weekly pay frequency requirement for manual workers. Labor Law § 191 requires employers to pay manual workers on a weekly basis. The only meaningful means to enforce this weekly pay requirement is through the liquidated damages provision in Labor Law § 198, which applies to wage violations. This proposal would eliminate liquidated damages awards for pay frequency violations so long as workers are paid no less frequently than twice per month.

Without liquidated damages, violations of the weekly pay requirement will go unanswered, and unscrupulous employers will be permitted to violate the statute with impunity. This proposal would disproportionately harm low-wage workers who cannot afford to wait weeks between paychecks.

Under current law employers that meet certain minimum eligibility thresholds can already seek a waiver of the weekly pay requirement from the Department of Labor. The Department of Labor maintains a list of exempt employers and posts it on the Department’s website. The list is updated monthly.

Therefore, this Federation urges this part of the executive budget proposal to be defeated.

For further information, contact the Legislative Department at 518-436-8516.