US-New YorkWhen must my employer pay me my final wages after termination in New York?
In New York, your employer must pay your final wages by the next regular payday after termination — or within 72 hours if you were fired or laid off without notice. If you quit with at least 72 hours’ notice, wages are due on your last day.
What the Law Says
New York Labor Law sets strict deadlines for when employers must pay final wages after employment ends. The timing depends on how the employment ended — whether you were fired, laid off, or quit — and whether proper notice was given.
If you are fired or laid off, your employer must pay all unpaid wages — including commissions, bonuses, and accrued but unused vacation (if promised in writing) — no later than 72 hours after termination.
If you quit and gave your employer at least 72 hours’ written or verbal notice, your final wages must be paid on your last day of work.
If you quit without giving 72 hours’ notice, your employer has until the next regularly scheduled payday to issue your final wages — even if that’s more than 72 hours later.
Employers who fail to pay on time may owe you $50 per day in penalties (up to $5,000 total), plus interest and attorneys’ fees if you sue and win.
Statutory TextIf an employee is discharged, the employer shall pay all wages, including accrued holiday pay, accrued vacation pay, and other earned but unpaid wages, to the employee not later than seventy-two hours after the discharge.
— N.Y. Lab. Law § 191(1)(a) — Payment of wages upon termination
Statutory TextIf an employee quits, the employer shall pay all wages, including accrued holiday pay, accrued vacation pay, and other earned but unpaid wages, to the employee not later than the next regular payday.
— N.Y. Lab. Law § 191(1)(b) — Payment of wages upon termination
Statutory TextIf an employee who quits gives at least seventy-two hours' notice, the employer shall pay all wages, including accrued holiday pay, accrued vacation pay, and other earned but unpaid wages, to the employee on the employee's last day of work.
— N.Y. Lab. Law § 191(1)(c) — Payment of wages upon termination
What Courts Have Said
New York courts have consistently enforced the strict timing requirements of Labor Law § 191 and held employers accountable for late wage payments.
The Court held that statutory penalties under Labor Law § 198 apply automatically for late payment of final wages — no proof of bad faith or willfulness is required.
Court ruled that unpaid commissions counted as 'wages' under § 191 and must be paid within the statutory deadline — failure triggered $50/day penalties.
What to Do
Check your pay schedule and termination date to determine your legal deadline (72 hours if fired; same day if you quit with 72h notice; next payday otherwise).
If wages aren’t paid on time, send a written demand to your employer citing N.Y. Lab. Law § 191.
File a wage claim with the New York State Department of Labor (DOL) within 6 years — no fee and no lawyer required.
Consider consulting an employment lawyer if unpaid wages exceed $1,000 or include commissions/bonuses — you may recover penalties, interest, and attorneys’ fees.
Sources
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South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.