Skip to content
Oakclause

Final Paycheck Laws in New York

In New York, final wages are due by the regular payday for the pay period in which employment ended, whether the employee quits or is fired, and vacation payout depends on the employer's written policy.

Last checked . General information, not legal advice.

New York at a glance

Deadline if fired
Next regular payday
Deadline if employee quits
Next regular payday
Accrued vacation paid out
Depends on written policy
Earned vacation must be paid unless a written policy told employees it is forfeited.

Sources

Last checked

The rules in New York

When is a final paycheck due in New York if the employee is fired or laid off?

Deadline if fired in New York: Next regular payday.

When is a final paycheck due in New York if the employee quits?

Deadline if employee quits in New York: Next regular payday.

Does New York law require employers to pay out accrued vacation when a job ends?

Depends on written policy. Accrued vacation paid out in New York: depends on written policy. Earned vacation must be paid unless a written policy told employees it is forfeited.

Where do the New York final paycheck laws come from?

The rules above come from N.Y. Lab. Law 191(3) and N.Y. Lab. Law 198-c. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Note the exact last day of work and how the job ended, since the deadline often runs from that date and may differ for a firing, a layoff or a resignation. Some statutes also change the deadline when an employee quits without giving notice.

Read the employer's written vacation or paid time off policy and any employment contract. Where state law leaves vacation payout to the employer, the policy terms usually decide whether unused time is paid out or forfeited.

If a final paycheck is late or short, the state labor department usually accepts wage claims, often without a lawyer. Some statutes add penalties for late payment, such as extra daily wages, so keep pay stubs, timesheets and any written communication about the final pay.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.