New York final paycheck law: when your last check is due
In New York, if you were fired or laid off, your final wages are generally due on or before the next regular payday. If you quit after giving notice, they are generally due on or before the next regular payday. If you quit without notice, they are generally due on or before the next regular payday. This comes from N.Y. Lab. Law § 191.
Deadlines at a glance
Fired or laid off
Final wages due on or before the next regular payday
Quit with notice
Final wages due on or before the next regular payday
Quit without notice
Final wages due on or before the next regular payday
Statute
N.Y. Lab. Law § 191
Wage claim agency
New York State Department of Labor, Division of Labor Standards
Penalties and details
New York allows liquidated damages of up to 100% of unpaid wages plus interest in wage claims.
Employers must pay final wages no later than the regular payday for the pay period worked.
What counts as wages in your final paycheck
Final pay usually covers more than your last regular hours. Depending on your state and your employer's policy, it can include unpaid regular and overtime hours, earned commissions, bonuses that have already been earned, accrued unused vacation or PTO where state law or company policy treats it as earned wages, and unreimbursed business expenses.
What to do if the New York deadline passes
- Write down the facts: your last day worked, the amount you believe you are owed, and any messages from your employer about payment.
- Send a written demand letter that names the New York deadline and gives your employer a short, specific window to pay.
- Send it by email and by certified mail with return receipt, and keep proof of delivery. See how certified mail works.
- If the deadline in your letter passes without payment, file a wage claim with the New York State Department of Labor, Division of Labor Standards.
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Create my New York demand letterCommon questions
When is my final paycheck due in New York if I was fired?
In New York, final wages are generally due on or before the next regular payday after an involuntary termination.
When is my final paycheck due in New York if I quit?
If you gave notice, final wages are generally due on or before the next regular payday. If you quit without notice, they are generally due on or before the next regular payday.
Can my employer be penalized for paying late in New York?
New York allows liquidated damages of up to 100% of unpaid wages plus interest in wage claims.
Who do I file an unpaid wage claim with in New York?
Unpaid wage claims in New York are handled by the New York State Department of Labor, Division of Labor Standards.
Other states
This page is general information, not legal advice. Last Check GPT is not a law firm. State rules change and exceptions apply; verify with the New York State Department of Labor, Division of Labor Standards before relying on a deadline.