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When Do I Get My Final Paycheck in New York?

You must receive your final paycheck by the next regular payday after you leave a job in New York. This applies whether you quit, are fired, or are laid off. Your employer can mail the check or make it available at the usual time and place.

If your employer doesn’t pay you by the regular payday, they’re violating New York wage law. You can file a claim to recover your wages plus damages.

Why Final Paycheck Requirements Matter

Your final paycheck represents wages you already earned. Delaying or withholding this money can create financial hardship, especially if you’re between jobs.

New York law is less strict than some states (California requires immediate payment for terminated employees, for example). However, New York still requires timely payment and provides strong remedies if employers violate the rules.

Understanding when you should receive your final paycheck helps you recognize violations and take action if your employer doesn’t pay on time.

New York’s Final Paycheck Rules

New York’s rules are straightforward but depend on your regular pay schedule:

Basic rule: Your employer must pay all wages by the next regular payday that would have covered the work period.

Key points:

  • No distinction between quitting, being fired, or being laid off
  • No acceleration required (employer doesn’t have to pay earlier than the regular payday)
  • Payment can be mailed to your last known address
  • Payment can be made available at the usual time and place
  • Must include all earned wages through your last day

What “Next Regular Payday” Means

Your “regular payday” is based on your pay schedule:

Weekly pay schedule:

  • If you’re paid every Friday for the previous week’s work
  • You leave on Wednesday
  • Your final check is due the Friday of the following week

Bi-weekly pay schedule:

  • If you’re paid every other Friday
  • You leave mid-cycle
  • Your final check is due on the next scheduled payday

Semi-monthly pay schedule:

  • If you’re paid on the 15th and last day of each month
  • You leave on the 10th
  • Your final check is due on the 15th

Monthly pay schedule:

  • If you’re paid on the last day of each month
  • You leave mid-month
  • Your final check is due at the end of the month

Example 1: Sarah is paid bi-weekly, with payday every other Friday. She quits on Tuesday, March 5th. Her last payday before leaving was February 23rd. Her final paycheck is due on Friday, March 8th (her next regular payday).

Example 2: Michael is paid semi-monthly on the 1st and 15th of each month. He’s fired on April 10th. His final paycheck is due April 15th.

Example 3: Lisa is paid weekly every Friday for the previous week (Monday through Sunday). She gives two weeks’ notice on Monday, June 3rd, and her last day is Friday, June 14th. Her final paycheck covering June 10-14 is due Friday, June 21st.

What Must Be Included in Your Final Paycheck

Your final paycheck must include:

1. All regular wages earned through your last day:

  • All hours worked
  • Any owed overtime
  • Any spread-of-hours pay
  • Commissions earned

2. Accrued vacation or PTO (if required by company policy):

  • New York doesn’t require employers to provide PTO
  • However, if your employer has a policy or contract requiring payout, they must include it
  • “Use it or lose it” policies are generally allowed if clearly communicated
  • Some policies specify PTO is only paid out if you meet certain conditions (like giving two weeks’ notice)

3. Bonuses or commissions (if earned):

  • Earned bonuses must be paid
  • “Discretionary” bonuses may not be required
  • Commission plans often have specific timing rules

4. Reimbursements for business expenses:

  • Unreimbursed business expenses you paid
  • Mileage, supplies, travel, etc.

What typically is NOT included:

  • Severance pay (unless required by contract)
  • Payment in lieu of notice (unless required by contract)
  • Future bonuses not yet earned

Example: Tom’s final paycheck should include:

  • 3 days of work at the end of the pay period ($480)
  • 20 hours of accrued PTO ($400)
  • $150 in earned commissions
  • $75 in unreimbursed mileage
  • Total: $1,105

Payment Methods

Your employer can deliver your final paycheck through:

Direct deposit: If you previously used direct deposit, your employer can deposit your final check to the same account.

Physical check:

  • Can be mailed to your last known address
  • Can be made available for pickup at the usual time and place
  • Your employer can require you to return company property before releasing the check

Cash: Allowed if that was your regular payment method (with proper pay stub documentation).

Debit card: If you were paid via payroll debit card previously, your employer can use the same method.

Important: Your employer cannot switch payment methods to make it harder for you to receive your wages. If they always paid by direct deposit, they can’t suddenly require you to pick up a check in person unless there’s a legitimate reason (like you closed your bank account).

When Your Employer Can Withhold Your Final Paycheck

Generally, your employer cannot withhold your final paycheck. However, limited exceptions exist:

Lawful Deductions Only

Your employer can only deduct from your final paycheck what’s legally allowed:

Permitted deductions:

  • Federal and state taxes
  • Social Security and Medicare
  • Court-ordered garnishments
  • Deductions you authorized in writing (health insurance, 401k, etc.)
  • Wage advances you received

Prohibited deductions (that cannot reduce your wages):

  • Cash register shortages
  • Broken or damaged equipment
  • Uniforms or tools (with limited exceptions)
  • Training costs
  • Customer walkouts
  • Poor work performance

Example – Illegal: A restaurant tries to deduct $300 from a server’s final paycheck for a table that walked out without paying. This is illegal.

Example – Legal: An employer deducts the last health insurance premium from a final paycheck (if the employee previously authorized payroll deductions for insurance).

Company Property

Your employer can request that you return company property (laptop, phone, keys, uniform, etc.) but they generally cannot withhold your entire final paycheck for failure to return items.

What they can do:

  • Request property back
  • Deduct the value of unreturned property only if you signed an agreement allowing this and it doesn’t reduce wages below minimum wage

What they cannot do:

  • Withhold your entire paycheck until you return property
  • Deduct for normal wear and tear
  • Deduct for items that aren’t clearly company property

Better approach: Employers can sue separately for unreturned property rather than withholding wages.

How to Get Your Final Paycheck

If your final paycheck doesn’t arrive on time:

1. Check your pay schedule: Confirm when the next regular payday is. Your employer has until then.

2. Verify your address: If your check was mailed, make sure your employer has your current address.

3. Check your bank account: If you were paid by direct deposit, confirm it didn’t arrive.

4. Contact HR or payroll:

  • Ask about the status of your final paycheck
  • Get in writing when it will be paid
  • Document this conversation

5. Send a written demand (if payment is late):

  • Email or certified mail
  • State the amount owed
  • Reference your last day of work
  • Request immediate payment
  • Mention you’ll file a complaint if not paid

6. File a wage claim if not paid:

  • File with New York Department of Labor (dol.ny.gov, form LS 223)
  • Or consult an employment lawyer
  • You can recover the wages plus liquidated damages (doubling), interest, and attorney’s fees

New York vs. Other States

States have different final paycheck requirements:

State Requirement
New York Next regular payday
California Immediately if fired; within 72 hours if quit
Texas Next payday (within 6 days)
Florida Next regular payday
Federal Law No specific requirement

New York’s approach is middle-of-the-road: not as fast as California, but still provides clear deadlines.

Damages for Unpaid Final Paychecks

If your employer doesn’t pay your final wages on time, you can recover:

Back wages: All wages owed in your final paycheck.

Liquidated damages: An additional 100% of the unpaid amount (doubling your recovery). This is generally automatic unless your employer proves good faith (rare).

Prejudgment interest: 9% per year from when wages were due until judgment.

Attorney’s fees: If you hire a lawyer and win, your employer pays your legal fees.

Example: Your employer owes you $2,000 in final wages and doesn’t pay for 6 months. You file a claim and win:

  • $2,000 back wages
  • $2,000 liquidated damages
  • $90 interest (9% × $2,000 × 0.5 years)
  • $1,200 attorney’s fees (paid by employer)
  • Total: $4,090 (plus employer pays $1,200 to your attorney)

Real-World Examples: Final Paycheck Issues

Example 1 – Simple termination: James is fired on Tuesday. He’s paid weekly on Fridays. His final check is due the following Friday (5 days later). He receives it on time.

Example 2 – Payment withheld for property: Maria quits her job and doesn’t return her uniform. Her employer withholds her entire $1,500 final paycheck. This is illegal. The employer should pay her wages and seek the uniform return separately (or deduct only the uniform value if she signed an agreement allowing this).

Example 3 – PTO dispute: Kevin has 40 hours of accrued PTO when he quits. His employee handbook states PTO is paid out at termination. His employer doesn’t include it in his final check, claiming he didn’t give two weeks’ notice. However, the handbook doesn’t mention a notice requirement. He files a claim and recovers the PTO pay plus damages.

Example 4 – Commission timing: Sandra leaves her sales job mid-month. She earned commissions that month but they’re normally paid the following month. Her employer argues they don’t have to pay commissions until the regular commission payment date. Courts may require immediate payment of earned commissions, but this can depend on the commission plan terms.

Example 5 – Paid too late: Robert’s final check was due February 15th but he doesn’t receive it until March 1st (2 weeks late). He files a wage claim and recovers:

  • $1,800 final wages
  • $1,800 liquidated damages
  • $60 interest
  • Total: $3,660

Example 6 – Check mailed to wrong address: Lisa’s employer mails her final check to her old address instead of the new address she provided. She doesn’t receive it for 3 weeks. The employer may be liable for late payment because they should have verified her address.

Example 7 – Direct deposit canceled: Tom’s employer cancels direct deposit and mails a paper check without notifying him. He assumes he was paid but the check is lost in the mail. This causes a delay. The employer is still responsible for ensuring timely payment.

Example 8 – Deductions for training: A company deducts $2,000 from an employee’s final paycheck for “training costs” mentioned in an employment contract. Unless the training was clearly voluntary and separate from required job training, this deduction is likely illegal.

Example 9 – Resignation with notice: Monica gives 4 weeks’ notice. Her employer asks her to leave immediately but claims she’ll be paid for the 4 weeks. New York doesn’t require pay in lieu of notice unless there’s a contract or clear policy. Monica is only entitled to wages for days actually worked, unless the employer has a policy requiring payment through the notice period.

Example 10 – Vacation payout dispute: Tim has 80 hours of vacation time when he quits. His employer’s handbook has conflicting information about PTO payout. One section says PTO is paid out, another says it’s forfeited if you quit without 2 weeks’ notice. Because the policy is ambiguous, it’s interpreted in Tim’s favor. He recovers the PTO pay.

Example 11 – Severance confusion: Andrea is laid off and expects 4 weeks of severance pay in her final check. However, severance isn’t required unless there’s a contract or policy requiring it. She receives her final wages but not severance. She may need to negotiate or review her employment agreement.

Example 12 – Final paycheck for small amount: Carlos leaves his part-time job. His final paycheck is only $85 for a few hours of work. His employer says it’s not worth the paperwork and tells him to forget about it. This is illegal. Carlos is entitled to all wages regardless of amount. He files a claim and recovers $170 (with liquidated damages).

Example 13 – Expense reimbursement included: Julia leaves her job and is owed $450 in final wages plus $380 in unreimbursed business expenses. Her final paycheck should include both amounts: $830 total.

Example 14 – Debit card complications: Miguel was paid via payroll debit card. After he leaves, his employer doesn’t load his final pay onto the card. He has to request a paper check, which delays payment by 2 weeks. The employer may be liable for the delay.

Example 15 – Bonus earned before departure: Ashley earned a quarterly bonus in Q1 and leaves the company in early Q2. Bonuses are typically paid at the end of Q2. She argues the bonus was earned in Q1 and should be paid with her final check. The outcome depends on the bonus plan terms—if it’s discretionary or requires employment on the payment date, she may not receive it.

Vacation and PTO Payout Rules

New York doesn’t require employers to provide vacation or PTO. However, if they do, they must follow their own policies.

Key rules:

1. Follow written policies: If your employee handbook says accrued vacation is paid out at termination, your employer must pay it.

2. “Use it or lose it” is generally allowed: Employers can have policies stating unused vacation is forfeited at termination, if this is clearly communicated in advance.

3. Ambiguity favors employees: If the policy is unclear, courts interpret it in favor of employees.

4. Changes to policies: If your employer changes the PTO policy to be less generous, the change typically doesn’t affect PTO you already accrued.

5. Conditional payout: Employers can require certain conditions for PTO payout (like giving proper notice), if clearly stated in the policy.

Example – Must be paid: The handbook states, “Accrued but unused vacation time will be paid out when employment ends.” You’re entitled to payout.

Example – Not required: The handbook states, “Use it or lose it. Any unused vacation time is forfeited if you leave the company.” The employer doesn’t have to pay out.

Example – Ambiguous (favors employee): The handbook is silent on vacation payout at termination. Courts may require payout because the employer didn’t clearly reserve the right to forfeit accrued vacation.

What to Do If You Don’t Receive Your Final Paycheck

Step 1 – Confirm the deadline: Calculate when your next regular payday is. That’s when payment is due.

Step 2 – Contact your employer:

  • Reach out to HR or payroll immediately after the deadline passes
  • Ask when you’ll be paid
  • Get the response in writing (email is fine)

Step 3 – Send a written demand:

  • If payment isn’t made within a few days of your inquiry
  • Send an email or letter stating:
    • Your last day of work
    • The amount owed
    • When it was due
    • Request for immediate payment
    • Statement that you’ll file a complaint if not paid
  • Keep a copy

Sample demand letter:

Subject: Demand for Final Wages

Dear [Employer],

I am writing to demand payment of my final wages. My last day of work was [date]. According to my regular pay schedule, my final paycheck was due on [date].

As of today, I have not received payment. I am owed $[amount] in final wages, including [describe: regular wages, accrued PTO, commissions, etc.].

New York Labor Law requires payment of all wages by the next regular payday. Your failure to pay constitutes a violation of state law.

I request immediate payment of all wages owed. If I do not receive payment within 5 business days, I will file a complaint with the New York Department of Labor and pursue all available legal remedies, including liquidated damages, interest, and attorney's fees.

Please confirm receipt of this letter and when payment will be made.

Sincerely,
[Your name]

Step 4 – File a complaint:

Option A – New York Department of Labor:

  • File online at dol.ny.gov
  • Complete form LS 223
  • Free process, no lawyer required
  • Attach your demand letter and any supporting documentation

Option B – Hire an employment lawyer:

  • Many offer free consultations
  • They work on contingency (only paid if you win)
  • Your employer pays your attorney’s fees if you win
  • Better for larger amounts or complex situations

Step 5 – Document everything:

  • Save all communications with your employer
  • Keep pay stubs, schedules, time records
  • Track when the wages were due
  • Note any promises made about payment

Step 6 – Be prepared for potential recovery:

  • Back wages owed
  • Liquidated damages (doubling)
  • Interest at 9%
  • Attorney’s fees

Common Employer Mistakes and Violations

Withholding wages until property is returned: Employers cannot hold your entire paycheck hostage for unreturned property. They must pay wages and pursue property return separately.

Deducting for damaged equipment: Unless you signed an agreement authorizing this (and it doesn’t reduce wages below minimum wage), deductions for damage or breakage are illegal.

Claiming “administrative delays”: Payment is due by the regular payday. Administrative issues don’t extend this deadline.

Paying only partial amount: Some employers pay part of the final check and withhold the rest. They must pay all earned wages.

Requiring in-person pickup to inconvenience you: If you normally received direct deposit, they can’t suddenly require in-person pickup at an inconvenient location as retaliation.

“You quit without notice, so no PTO payout”: Only valid if the policy clearly states this condition. Otherwise, earned PTO must be paid.

“We’ll pay you when we get around to it”: The law specifies a clear deadline (next regular payday). Employers don’t get to delay at their convenience.

Claiming you were an independent contractor: If you were misclassified as an independent contractor, you’re entitled to employee protections including timely final payment.

Frequently Asked Questions

What if I quit without giving notice?
You’re still entitled to your final paycheck by the next regular payday. Notice isn’t required for final payment (though it may affect PTO payout depending on your employer’s policy).

Can my employer mail my check?
Yes, as long as it’s mailed in time to reach you by the regular payday. However, if it’s lost in mail, your employer is still responsible for ensuring you receive payment.

What if I closed my bank account?
Notify your employer immediately. They’ll need to issue a paper check instead. You’re still entitled to payment by the regular payday.

Do I get paid for unused sick days?
Usually no, unless your employer’s policy specifically requires payout. Many policies state sick time is forfeited at termination.

What if I’m owed commissions that aren’t calculated yet?
This depends on your commission plan. Some require payment of earned commissions immediately, others allow payment on the regular commission schedule. Review your commission agreement.

Can my employer pay me in installments?
No. They must pay all earned wages at once, by the next regular payday.

What if I was fired for cause?
Doesn’t matter. You’re entitled to wages for all time worked, regardless of why employment ended.

Do I have to return company property before getting paid?
Generally no. Your employer can request property back but cannot withhold wages for failure to return it (with limited exceptions for signed agreements).

What if my employer goes out of business?
You can still file a wage claim. Corporate officers may be personally liable. You might also have claims against insurance, bond, or successor companies.

Can my employer change my pay period to delay payment?
No. They cannot manipulate pay periods to delay your final paycheck.

Related Topics

For more information about final paychecks and wage laws in New York, see:

Legal Disclaimer

This article provides general information about New York final paycheck requirements. It is not legal advice for your situation. Laws change, and every case is different. For advice about your specific circumstances, consult an employment attorney or contact the New York Department of Labor. The information here is current as of November 2025 but may not reflect future changes.

Last updated: November 4, 2025