On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL).
This Amendment took immediate effect, applies to pending and future actions, and dramatically changes the relief employees can seek for first-time violations the pay frequency provisions for “manual workers” found in NYLL Section 191.
The Amendment substantially reduces potential damages from 100% liquidated damages to lost interest on delayed payments for first-time violations of the NYLL’s frequency of pay requirements where employers otherwise paid manual workers’ wages on regular pay days, no less frequently than semi-monthly. For future violations, liquidated damages will only be available for a second or subsequent violation if there is a finding and order by the New York State Department of Labor (“NYS DOL”) or court of competent jurisdiction of a prior violation for employees performing the same work.
NYLL Section 191(1)(a) requires that employers pay “manual workers” on a weekly basis, with limited exceptions. The Labor Law defines a manual worker as a “mechanic, workingman or laborer.” The NYS DOL takes a long-standing position that “individuals who spend more than 25% of working time engaged in ‘physical labor’ fit within the definition of ‘manual worker.’” The term “physical labor” has likewise been interpreted broadly to include “countless physical tasks performed by employees.”
The New York...
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