Legal Question in Employment Law in New York

Payroll Due Dates and Fulfillment

I had a question about New York State Laws about when wages are due. According to my contract with my company I am supposed to be paid on the 1st and the 16th of every month. I have automatic deposit and sometimes my account is not credited until two or three days after the date it is due if payday falls on a weekend or holiday. I also do not receive my payment stub until nearly one week after payday. Is there any law that is documented that I can refer to about this? Do I have any rights in terms of having my pay available on payday and not having to wait over a weekend or holiday for my cash to be available?


Asked on 9/11/00, 11:26 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Payroll Due Dates and Fulfillment

This is all very specific in the NYS Dept of Labor regulations, and your smartest bet is simply to call them and ask. I don't think the regulations are on the Internet, unfortunately. As I recall, employees must be paid within 5 days after the end of the pay period to which the wages are attributable, and the employer must provide an itemized pay stub. I don't know with direct deposit, how that works.

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Answered on 10/15/00, 6:48 am


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