NY Manual-Worker Pay-Delay Lawsuits Draw Attention as Law Evolves

In October 2023, Bloomberg Law examined a sharp rise in lawsuits alleging that New York employers paid certain manual workers every two weeks instead of weekly. The report quoted Fitapelli & Schaffer partner Brian Schaffer about the impact of the state’s pay-frequency requirements and the availability of exemptions for qualifying employers. The article described a developing legal issue, not a final ruling in any particular FSL case.

The legal landscape has changed since that coverage appeared. New York appellate courts reached conflicting conclusions about employees’ ability to bring certain pay-delay claims, and the state amended the available remedies in May 2025. The original reporting should therefore be read as a snapshot of the law and litigation activity in 2023.

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• Bloomberg Law reports on the 2023 surge in manual-worker pay-delay lawsuits and quotes Brian Schaffer.
• New York Labor Law Section 191 sets out the state’s wage-payment frequency requirements.
• 2025 amendment explains the later statutory changes.
• 2026 legal analysis reviews the subsequent appellate split and legislative response.
• Zara settlement update provides an example of a separate wage-and-hour case involving FSL.

Why Did New York Manual-Worker Pay-Delay Lawsuits Increase?

A 2019 New York appellate decision, Vega v. CM & Associates Construction Management, LLC, recognized a private right of action for certain workers who alleged violations of the state’s weekly-pay requirement. That decision helped prompt litigation over whether employees whose wages arrived on a regular biweekly schedule could nevertheless seek remedies for delayed payment. Bloomberg Law reported in 2023 that hundreds of such suits had been filed.

Whether an employee qualifies as a “manual worker” depends on their duties, not simply their job title. New York’s labor agency has interpreted the category to include employees who spend more than 25% of their working time performing physical labor.

What Changed in New York’s Weekly-Pay Law After 2023?

In May 2025, the state amended the remedies available for certain violations. The weekly-pay requirement for covered manual workers remained in place, but the amendment limited monetary remedies for many first-time violations when employees were paid regularly at least twice a month. The changes also apply to pending cases, subject to the governing law and court rulings.

The amendment didn’t eliminate all pay-frequency claims. The legal outcome depends on the worker’s duties, the employer’s payment practices, any applicable authorization, the timing of the conduct, and the relevant court decisions.

What Should Readers Take Away From the Original News Coverage?

The 2023 article documents an important period in New York wage-and-hour litigation and FSL’s participation in the public discussion. It shouldn’t be treated as a current statement of every remedy available under New York law. Workers who believe they were paid late may still have questions worth reviewing, but the available legal avenues and potential recovery depend on their particular circumstances.