Can I sue for unpaid wages and recover damages in New York?

What the Law Says

New York law strongly protects workers’ right to timely and full payment of wages. Employers must pay all earned wages—including overtime, commissions, and bonuses—on time and in full. Failure to do so triggers statutory remedies, including mandatory additional damages.

Under the New York Labor Law, employers must pay wages 'not later than seven business days after the end of the week in which the wages were earned' for most employees (Labor Law § 191). For manual workers, payment must occur within three business days.

If an employee is terminated or quits, the employer must pay all wages by the regular payday for the next payroll period—or within six days for manual workers (Labor Law § 191(3)).

When wages are unpaid, the law mandates 'liquidated damages' equal to 100% of the unpaid wages, unless the employer proves a 'good faith' defense and reasonable grounds for believing its conduct complied with the law (Labor Law § 198(1-a)).

Interest also accrues on unpaid wages at the rate of 9% per year from the date the wages were due (Labor Law § 198(1-a)).

Statutory Text

In any action instituted in the courts upon a wage claim… the court shall allow a prevailing employee… liquidated damages in an amount equal to one hundred percent of the total amount of the wages found to be due.

— NY Labor Law § 198(1-a) — Liquidated damages

Statutory Text

Wages shall be paid not later than seven business days after the end of the week in which the wages were earned.

— NY Labor Law § 191(1)(a) — Payment timing

Statutory Text

All wages earned in any payroll period shall be paid not later than the regular payday for such period.

— NY Labor Law § 191(3) — Final wages

What Courts Have Said

New York courts consistently enforce wage protections and interpret the Labor Law broadly in favor of workers.

What to Do

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