Final Paycheck in New York - must be paid on next scheduled payday.
The New York Labor Law (section 191) has clear-cut rules for how final payment for wages, including salary and bonuses, are to be submitted to employees who leave their job or who are terminated. The New York Labor Law states that all wages owed to a separating employee must be paid on the next scheduled payday, irrespective of whether the employee quits or gets fired.
New York courts strictly construe the language of the New York Labor Law and have interpreted the Act to provide definite safeguards to employees assuring that they are compensated for their work. The final paycheck in New York must be paid correctly or else the employer is subject to penalties.
In the event that an employer fails to pay all wages owed to a separating employee within the time limits set forth above, the employee may file a civil suit against the previous employer to recover two times the actual amount of unpaid wages owed, plus attorney’s fees and costs.
The New York Labor Law creates high stakes for employers who do not timely pay all wages and can create liability on behalf of the violating employer well beyond the initial amount of the unpaid wages owed to the employee.
If you have any issues with how/when you are paid, you should call us today. We can help!
If you are entitled to your accrued unused vacation, we can help you get it. For a flat fee ($300), we will write to your employer on your behalf and advise your employer regarding its obligation to compensate you for your work. If you are an employee in NY and have any questions about your final paycheck or other wage and hour matters, please contact us today.