New York final paycheck law

Layoffs and other situations

Within five days of termination, employers must give written notice of the exact termination date and the date benefits end (per NYS DOL LS 271). Source: nysenate.gov↗ (opens in a new tab)

Unused vacation and PTO

Depends on your written policy. Vacation pay is a 'wage supplement'; employers must follow their promise. A policy that excludes payout of accrued benefits for a stated reason can apply. Source: dol.ny.gov↗ (opens in a new tab)

If the final paycheck is late

Employers owe unpaid wages plus interest and possible civil penalties, doubled if willful, egregious or repeat. Nonpayment is a misdemeanor (felony if repeated), with fines of $500-$20,000. Source: forms.labor.ny.gov↗ (opens in a new tab)

The law and where to check

The law: N.Y. Lab. Law §§ 191(3), 198, 198-c (opens in a new tab)

The agency: New York State Department of Labor, Division of Labor Standards (opens in a new tab)

What federal law says

The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)

Final paycheck checklist for New York employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
2. Find the deadline for that situation in the table above.
3. Add up all hours worked up to the last day, including any overtime.
4. Check your written vacation or PTO policy and the vacation rule above.
5. Add any commission or bonus that was earned, using the rules above.
6. Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
7. Keep a dated record of what you paid and when.

More New York employment law guides

• All New York employment laws
• New York paid sick leave law
• New York meal and rest break laws
• New York overtime law
• New York pay frequency law
• New York vacation and PTO payout law
• New York new hire reporting
• New York at-will exceptions

Final paycheck laws in other states

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Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.