NYNew York final paycheck law
If you are fired in New York, your final pay is due by the next regular payday. If you quit, it is due by the next regular payday.
| If you | Your last check is due |
|---|---|
| were fired or laid off | Next regular payday |
| quit | Next regular payday |
| have unused vacation | It is paid if your employer's written policy says so. Governed by the employer's written policy. Without a written rule that unused time is lost, unused vacation must be paid out. |
| are paid late | None automatic. Claims through NY Department of Labor. |
| want to read the law | Labor Law 191checked October 29, 2026 |
When is my last check due? New York calculator
What these words mean
- Final paycheck
- The last pay you are owed after a job ends: all hours worked and, in some states, your unused vacation.
- Late-pay penalty
- Extra money some states make an employer pay when your final check is late.
- Payout
- Being paid cash for paid time off you earned but never used.
- Wage complaint
- A free claim you file with your state labor office or the U.S. Department of Labor when you are not paid what the law requires.
Questions
I was fired in New York. When do I get my last check?
Next regular payday.
I quit my job in New York. When do I get my last check?
Next regular payday.
What if my employer pays my last check late in New York?
None automatic. Claims through NY Department of Labor.
Will my unused vacation be in my last check in New York?
Only if your employer's written policy or your contract says so. Governed by the employer's written policy. Without a written rule that unused time is lost, unused vacation must be paid out. See New York PTO payout rules.
Can my employer keep my last check until I return my uniform or laptop?
No. Money you earned is yours. An employer can only take out what the law or a signed agreement allows. If the check is late, file a free wage complaint with the New York labor office.