New York Consolidated Laws

N.Y. Labor Law § 190 (2026)

Definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 190. Definitions. As used in this article:
  1. "Wages" means the earnings of an employee for labor or services
rendered, regardless of whether the amount of earnings is determined on
a time, piece, commission or other basis. The term "wages" also includes
benefits or wage supplements as defined in section one hundred
ninety-eight-c of this article, except for the purposes of sections one
hundred ninety-one and one hundred ninety-two of this article.
  2. "Employee" means any person employed for hire by an employer in any
employment, but with respect to the entirety of this article, except
sections one hundred ninety-three, one hundred ninety-six-b, one hundred
ninety-eight, and one hundred ninety-eight-b, shall not include any
person who has entered into a contract to play baseball at the minor
league level and who is compensated pursuant to the terms of a
collective bargaining agreement that expressly provides for the wages,
hours of work, and working conditions of employees.
  3. "Employer" includes any person, corporation, limited liability
company, or association employing any individual in any occupation,
industry, trade, business or service. The term "employer" shall not
include a governmental agency.
  4. "Manual worker" means a mechanic, workingman or laborer, but shall
not include any person who has entered into a contract to play baseball
at the minor league level and who is compensated pursuant to the terms
of a collective bargaining agreement that expressly provides for the
wages, hours of work, and working conditions of employees.
  5. "Railroad worker" means any person employed by an employer who
operates a steam, electric or diesel surface railroad or is engaged in
the sleeping car business. The term "railroad worker" shall not include
a person employed in an executive capacity.
  6. "Commission salesman" means any employee whose principal activity
is the selling of any goods, wares, merchandise, services, real estate,
securities, insurance or any article or thing and whose earnings are
based in whole or in part on commissions. The term "commission salesman"
does not include an employee whose principal activity is of a
supervisory, managerial, executive or administrative nature.
  7. "Clerical and other worker" includes all employees not included in
subdivisions four, five and six of this section, except any person
employed in a bona fide executive, administrative or professional
capacity whose earnings are in excess of one thousand three hundred
dollars a week.
  8. "Week" means a calendar week or a regularly established payroll
week.  "Month" means a calendar month or a regularly established fiscal
month.
  9. "Non-profitmaking organization" means a corporation, unincorporated
association, community chest, fund or foundation organized and operated
exclusively for religious, charitable or educational purposes, no part
of the net earnings of which inure to the benefit of any private
shareholder or individual.

Notes of Decisions

Cited in 393 cases (164 in the last 5 years), 1972–2026 · leading case: DeLuca v. AccessIT Grp., Inc., 695 F. Supp. 2d 54 (S.D.N.Y. 2010).

Sort: Relevance Newest Treatment

DeLuca v. AccessIT Grp., Inc., 695 F. Supp. 2d 54 (S.D.N.Y. 2010). · cites it 5× “4 (citing N.Y. Labor Law §§ 190 (6) & 191-c(3)).) The Court turns to the statutory provisions at issue to determine whether plaintiff has pleaded a cause of action under Section 191-c of the New York Labor Law.”

Pachter v. Bernard Hodes, 891 N.E.2d 279 (NY 2008). · cites it 6× “For example, subdivision (6) deals with a "commission salesman," a term that "does not include an employee whose principal activity is of a supervisory, managerial, executive or administrative nature" (Labor Law § 190 [6]). Similarly, the statute defines the phrase "clerical or…”

Truelove v. Ne. Capital & Advisory, Inc., 738 N.E.2d 770 (NY 2000). · cites it 5× “His complaint alleges that his bonus constituted “wages” within the meaning of Labor Law § 190 (1) and that, following his resignation after the first bonus payment, defendant violated Labor Law § 193 by enforcing an express condition in the bonus plan predicating payment of…”

Guiry v. Goldman, 31 A.D.3d 70 (N.Y. App. Div. 2006). · cites it 12× “Article 6 of the Labor Law regulates certain aspects of the payment of “wages” (Labor Law § 190 [1]), and prohibits making an employee’s right to receive such “wages” contingent on his or her continued employment at the scheduled time of payment.”

Ryan v. Kellogg Partners Institutional Servs., 968 N.E.2d 947 (NY 2012). · cites it 3× “” In a complaint filed May 26, 2005, Ryan alleged, as relevant to this appeal, causes of action for failure to pay wages in violation of Labor Law §§ 190 through 198 and breach of contract.”

Hart v. Rick's Cabaret Int'l Inc., 967 F. Supp. 2d 901 (S.D.N.Y. 2013). · cites it 3× “”), with N.Y. Lab. Law § 190 (3) (“‘Employer’ includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service.”

Rana v. Islam, 887 F.3d 118 (2d Cir. 2018). · cites it 2× “Stein, Judge ) granted Rana's motion pursuant to Federal Rule of Civil Procedure 37 to strike the defendants' answer and enter a default judgment.”

Gottlieb v. Kenneth D. Laub & Co., 626 N.E.2d 29 (NY 1993). · cites it 4× “Except for manual workers, all other categories of employees entitled to statutory protection under Labor Law § 191 are limited by definitional exclusions of one form or another for employees serving in an executive, managerial or administrative capacity (see, Labor Law § 190…”

Tuttle v. Geo. McQuesten Co., 227 A.D.2d 754 (N.Y. App. Div. 1996). · cites it 7× “Defendant refused plaintiff’s request, prompting the commencement of this action in December 1994 seeking, inter alia, payment of the money, plus interest, due to alleged violations of Labor Law §§190 and 193 and Federal ERISA statutes (see, 29 USC § 1001 et seq.”

Medex v. McCabe, 811 A.2d 297 (Md. 2002). · cites it 2× “1996), the appellate division of the Supreme Court of New York considered a case similar to the case sub judice under that state's payment of wages law, N.Y. Labor Law § 190 (1992). The employment plan called for incentive compensation, termed "hold over monies," to be payable…”

Ovadia v. Off. of the Indus. Bd. of Appeals, 969 N.E.2d 202 (NY 2012). · cites it 4× “Labor Law § 190 defines the term “employer” as “including] any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service” (Labor Law § 190 [3]).”

Irizarry v. Catsimatidis, 722 F.3d 99 (2d Cir. 2013). “§ 203 (d), and the New York Labor Law (“NYLL”), N.Y. Lab. Law §§ 190 (3), 651(6). The United States District Court for the Southern District of New York (Crotty, J.”

Show all 393 citing cases →

— N.Y. Labor Law § 190(1) — 21 cases

Sosnowy v. A. Perri Farms, Inc., 764 F. Supp. 2d 457 (E.D.N.Y 2011).

Gertler v. Davidoff Hutcher & Citron LLP, 2020 NY Slip Op 04731 (N.Y. App. Div. 2020).

Gilman v. Marsh & McLennan Companies, Inc., 868 F. Supp. 2d 118 (S.D.N.Y. 2012).

Tischmann v. ITT/Sheraton Corp., 882 F. Supp. 1358 (S.D.N.Y. 1995).

Canet v. Gooch Ware Travelstead, 917 F. Supp. 969 (E.D.N.Y 1996).

— N.Y. Labor Law § 190(2) — 3 cases

Hart v. Rick's Cabaret Int'l Inc., 967 F. Supp. 2d 901 (S.D.N.Y. 2013). “”), with N.Y. Lab. Law § 190 (3) (“‘Employer’ includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service.”

Gross v. Intratek Comput. Inc. (E.D.N.Y 2023).

Ramirez v. Issa, 2026 NY Slip Op 00271 (N.Y. App. Div. 2026).

— N.Y. Labor Law § 190(3) — 5 cases

Flannigan v. Vulcan Power Grp., L.L.C., 712 F. Supp. 2d 63 (S.D.N.Y. 2010).

Costello v. Curan & Ahlers, LLP, 2024 NY Slip Op 00757 (N.Y. App. Div. 2024).

Ammar v. Carbone, 2025 NY Slip Op 02180 (N.Y. App. Div. 2025).

Gross v. Intratek Comput. Inc. (E.D.N.Y 2023).

Ramirez v. Issa, 2026 NY Slip Op 00271 (N.Y. App. Div. 2026).

— N.Y. Labor Law § 190(4) — 1 case

Miner-Vargas v. Wal-Mart Assocs., Inc. (N.D.N.Y. 2021).

— N.Y. Labor Law § 190(5) — 1 case

Miteva v. Third Point Mgmt. Co., LLC, 323 F. Supp. 2d 573 (S.D.N.Y. 2004).

— N.Y. Labor Law § 190(6) — 2 cases

DeLuca v. AccessIT Grp., Inc., 695 F. Supp. 2d 54 (S.D.N.Y. 2010). “4 (citing N.Y. Labor Law §§ 190 (6) & 191-c(3)).) The Court turns to the statutory provisions at issue to determine whether plaintiff has pleaded a cause of action under Section 191-c of the New York Labor Law.”

Vore v. Seaport Global Holdings LLC, 2024 NY Slip Op 31345(U) (N.Y. Sup. Ct., New York Cty. 2024).

— N.Y. Labor Law § 190(7) — 2 cases

Pacheco v. Catholic Guardian Servs., 2025 NY Slip Op 31098(U) (N.Y. Sup. Ct., New York Cty. 2025).

Irrera v. Bernstein Equity Partners, LLC, 2025 NY Slip Op 31734(U) (N.Y. Sup. Ct., New York Cty. 2025).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.