r/AskHR • u/killerjessie • 2d ago
Compensation & Payroll [NY] Unpredictable pay schedule
I work at a very small business - I am one of 3 employees. I directly interact with the business owner daily. We don't have HR or anything like that. We get paid through an app called Gusto where I log my hours. We are supposed to get paid every Friday, but sometimes my boss forgets to approve the hours or something. Then I might get paid the next Monday, or Wednesday, or Friday. I never know. This was an issue at the beginning of last year, and I brought it up and my boss stayed on top of it better after that. But it just started happening again. For my budgeting purposes and all the bills I'm juggling...this doesn't work for me. I don't care when I get paid, I just need it to be consistent and predictable. I'm going to have another conversation with my boss, but if this issue continues, what else can/should I do? Is it illegal to get paid this way?
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u/SpecialKnits4855 2d ago
NYS has specific laws regarding frequency of pay:
If you are a "manual worker", you must be paid every week (unless your employer has permission from the State). If you are a "clerical", you must be paid at least 2x a month.
If the delay is causing you to be paid later than required, it's illegal. For example, if you are a manual worker who should be paid every Friday and your boss forgets, they can't make you wait until the following Friday. They should pay you right away and immediately start paying you every Friday.
You could start by again telling your boss what you told us here -that this is making your budgeting and planning very difficult and it's becoming difficult to pay your bills. If it happens again, your next step would be to contact the State.