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New York sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.
Final wages are due no later than the regular payday on which they would have been paid had you stayed employed (Labor Law § 191). New York does not require the employer to pay on the day of discharge.
The same rule applies when you resign: final wages are due on the next regular payday. On request the employer must mail the final pay.
Accrued vacation is wages in New York: it must be paid at separation unless the employer gave employees a written forfeiture policy in advance.
Commission salespeople are covered by § 191; the written commission agreement controls timing, but earned commissions cannot simply be kept after separation.
Labor Law § 198: a worker who wins may recover the unpaid wages plus liquidated damages of 100% of the unpaid amount, with interest and attorney's fees. In practice that doubles the exposure on the wage figure alone.
On $2,000.00 of unpaid wages, a 2× provision would expose the employer to about $4,000.00 in total. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.
File with the New York State Department of Labor — Division of Labor Standards, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in New York is $10,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.
Final wages are due no later than the regular payday on which they would have been paid had you stayed employed (Labor Law § 191). New York does not require the employer to pay on the day of discharge.
The same rule applies when you resign: final wages are due on the next regular payday. On request the employer must mail the final pay.
Accrued vacation is wages in New York: it must be paid at separation unless the employer gave employees a written forfeiture policy in advance.
Two routes: file a wage claim with the New York State Department of Labor — Division of Labor Standards (https://dol.ny.gov/), or sue in small claims court where an individual's claim limit is $10,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.
Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.
Reviewed 2026-11-03 · reviewed again every 90 days.
being fired · resigning · a layoff · unused PTO · unpaid commissions