New York employers: Some good news! The New York Labor Law was recently amended to limit the scope of damages available to manual workers asserting claims against their employers for frequency-of-pay violations.

As background, New York Labor Law Section 191 provides that employers must pay manual workers on a weekly basis, and specifically “not later than seven calendar days after the end of the week in which wages are earned.” (A “manual worker” is defined as a “mechanic, workingman or laborer,” or any worker who spends more than 25% of their working time engaged in physical labor). In 2019, the NYS Appellate Division, First Department, held that manual workers have a private cause of action against employers who violate this “frequency-of-pay” requirement. In a departure from longstanding precedent, the case held that employees can bring private lawsuits for frequency-of-pay violations and that such employees may be entitled to 100% liquidated damages for late wage payments even if they were paid in full. Given New York’s six-year statute of limitations for wage-and-hour claims, the decision prompted a flurry of frequency-of-pay lawsuits.

In response, the State amended the New York Labor Law to provide that liquidated damages are no longer available for frequency-of-pay violations if the employer paid wages at least semi-monthly on a regular payday, even if such payment schedule technically violates Section 191’s weekly pay requirement. Under the amended law, damages in frequency-of-pay cases are now limited to interest on the delayed wages, calculating using the daily interest rate established under New York’s Banking Law (currently 16%). However, 100% liquidated damages may still be available if the employer has previously been found to be in violation of the frequency-of-pay requirement with respect to workers performing the same type of work as the employee asserting the claim.

The amendment went into effect on May 9, 2025 and applies to pending matters. You can view the text of the amendment here: Bill Search and Legislative Information | New York State Assembly