Understanding NY’s “Manual Worker” Rule: Why Some Employees Must Be Paid Weekly

Did you know that under New York Labor Law § 191, certain employees — known as “manual workers” — must be paid weekly, not biweekly or semi-monthly? This rule often catches small business owners off guard, especially in industries where physical work is common but job titles don’t always reflect what employees actually do day to day.

Who Is Considered a “Manual Worker” in NY?

New York defines a manual worker as someone who performs physical labor for more than 25% of their work time. “Physical labor” is interpreted broadly. It’s not just construction or manufacturing — it can include tasks like stocking shelves, cooking, cleaning, moving boxes, or other routine, hands-on work.

Common examples of manual workers include:

• Retail stockers and store associates who regularly handle merchandise
• Kitchen staff, dishwashers, and food service employees
• Janitors, cleaners, and maintenance staff
• Delivery drivers, warehouse, and fulfillment employees
• Landscapers and other physically active roles

Even if the job title sounds administrative, what matters is how much physical work is actually performed.

Why This Matters for Your Business

If an employee qualifies as a manual worker, the law generally requires that they be paid weekly and no later than seven calendar days after the end of the workweek. Failure to comply can expose your business to legal claims, including back pay and statutory damages — even if your employees are otherwise paid in full and on time.

Some exceptions exist for bona fide executive, administrative, or professional employees earning above the state threshold, and certain employers may apply to the Department of Labor for permission to pay less frequently. But for most small businesses, it’s safer to classify correctly and follow the weekly pay rule.

A Simple Self-Check

Ask yourself:

• Does this role involve more than 25% physical work?
• Is the work routine and non-managerial?
• Could another person do the work with minimal training?
• Are similar employees in this role already being paid weekly?

If you answer “yes” to these questions, the position may fall under the manual worker rule.

Take Action

A quick payroll compliance review can help your business avoid unnecessary penalties and keep your team properly classified. If you’re unsure whether your employees fall into this category, now is a good time to review your practices and make adjustments if needed.

 

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified professional regarding your specific situation.