Frequency of Pay
New York State Labor Law requires manual workers to be paid weekly, and clerical and other workers at least twice per month.
For more detailed information, including which employees are covered by this law, please see Frequency of Pay Frequently Asked Questions.
Employers who meet certain criteria may apply for permission to pay manual workers less frequently than weekly. (LS 138)
Before proceeding with your request please ensure that you have all information and appropriate document(s) listed below:
Payroll Record - One recent pay period's computerized payroll record from any single NYS location with the following information for each employee: i) first and last name, ii) department or occupation, iii) wage rate, iv) hours worked, v) gross wages paid, vi) itemized deductions from wages; and, vii) net wages. Also include the address of the location where the employees work.
Transcript of Employees - Spreadsheet containing number of individuals employed and remuneration paid for each quarter in each of the last three individual complete calendar years and for each completed quarter of the current calendar year.
Note: The information must match what’s recorded in the NYS-45 and must be signed and accompanied by a notarized affidavit signed by the business's divisional vice president or department head responsible for filing the NYS-45.
Out of State Transcript of Employees - If your business operates out of state, please provide the same information as above for the out of state locations.
Proof of Payroll Responsibilities - Letter from a certified public accountant affirming that the employer has not defaulted on any of its payroll obligations over the course of the three fiscal years preceding this application.
Union Support Documentation - Letters from the appropriate union officials giving their assent to the requested pay period extension, or a copy of a contract in effect wherein a bi-weekly or semi-monthly pay period has been agreed upon.
Proof of NYS Workers Compensation Insurance - Acceptable forms: C-105.2, U26.3, SI-12, SI-105.2P, SIG-105.2, CE-200
Proof of Disability and Paid Family Leave Benefits Insurance - Acceptable forms: DB-120.1, DB-155, CE-200
Proof of No Outstanding Warrants with Department of Tax and Finance - Proof is obtained by calling the New York State Department of Taxation and Finance at 518-530-4362 to issue a letter certifying no outstanding warrants. Be sure to reference the Federal Employer Identification Number (FEIN).
Letter of Representation Form - If a third party is filing this application on behalf of the employer, they must complete and submit a Letter of Representation Form
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Employers authorized to pay manual employees on a biweekly basis
Updated 11/13/2024
List of employers authorized to pay manual employees in New York State on a biweekly basis pursuant to New York State Labor Law Section 191.1a(ii).
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