Weekly Paycheck in New York and the Law: Getting Paid Sooner, No Loans Required
It is no secret that front-line workers are feeling squeezed as the cost of living rises, layoffs loom, and wages often stagnate. Some turn to payday loans to tide them over. But weekly paychecks – rather than biweekly – may be a better solution for many manual workers.
A Biden administration report estimated that 12 million Americans took out payday loans in only 26 states. The interest rate can be 100% over a term of four months, which is not that unrealistic.
Car title loans can also feature high finance fees, estimated in some cases as 200% per 30 days.
Payday lenders sometimes mislead borrowers about payback or loan conditions as well.
Credit card and car loan defaults are rising to above pandemic levels.
Getting paid every single week can be a better alternative to a payday loan to hold oneself over to a paycheck every other week.
New York law says that a manual worker should receive a paycheck every week, along with an accurate wage notice and wage statement.
Some people might not think that they are manual workers. This concept is not as old-fashioned as it may sound at first. It defines a “mechanic” and “workingman” as a type of worker who does manual labor.
Many New Yorkers therefore deserve a weekly paycheck for doing physical work with or without a machine, like a car or truck in the cases of drivers and chauffeurs, vacuum cleaners and so on in the case of cleaners, checkout registers or scanners in the case of cashiers or clerks, telephone or Internet equipment in the case of installation or switching workers, and various office or factory equipment in the case of workers supporting professionals or engineers.
Needing to work on fixing a machine one uses at work can be evidence of manual labor or mechanic status. Needing to refuel or refill a machine at work can also be such evidence.
Increasing numbers of class action lawsuits are pending in which workers in a variety of driving, retail, and other roles are seeking to exercise their right to a weekly paycheck.
Updates to the law in 2023 confirm that workers who spend at least 25% of their time on manual labor or working with machines may deserve weekly pay in New York. In cases where Leeds Brown Law P.C. represents plaintiffs in these class actions, courts have already rejected the broad argument that it does not matter whether paychecks come out every week or every other week.
As the rise of the payday loan industry shows, getting paid next week is not economically the same as getting paid today. The delayed receipt of one’s pay really matters to the working person.
If you have been denied weekly paychecks and spend much of your time working on machines, physical tasks, or labor, you may benefit from a free consultation to make sure your paychecks are being calculated properly and paid on time.
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