Guides · New York
Work & wages: guides, questions and what to do now
New York's Labor Law protects how much, how often and how you are paid, and adds paid sick leave and protections against retaliation on top of federal law. Most of it applies whatever your contract says.
Unpaid wages, overtime, final paychecks, getting fired, sick leave, pay frequency, deductions, tips, retaliation.
What to do now
Steps in order, for when it happened today.
Common situations
What the situation means, what usually decides it, and the ways to respond.
- SituationEmployer didn't pay you in New York: how to get your unpaid wages backNew York requires employers to pay all wages on regular paydays and lets you recover unpaid wages plus, in most cases, an extra 100% as liquidated…
- SituationPunished for complaining about pay or working conditions in New York: retaliation and what to doNew York Labor Law § 215 makes it illegal for an employer to fire, threaten, penalize or otherwise retaliate against you for complaining — to the…
- SituationPaid as an independent contractor but treated like an employee in New York? Misclassification explainedWhat you're called doesn't decide it. In New York, if the business controls what you do, how and when — sets your hours and pay, supervises you,…
How to do it
Step-by-step processes: forms, deadlines, fees and where to go.
Questions people ask
A short, straight answer to one question, with the source.
- QuestionWhen do you get your final paycheck in New York after quitting or being fired?Whether you quit or were fired, New York Labor Law § 191(3) requires your employer to pay your final wages no later than the regular payday for the…
- QuestionCan your employer take money out of your paycheck in New York? Legal and illegal deductionsOnly a short list of deductions is legal in New York (Labor Law § 193): those required by law, like taxes; those you authorized in writing for your…
- QuestionCan you be fired for no reason in New York? At-will employment and its limitsYes, usually. New York is an 'at-will' employment state: unless a contract or union agreement says otherwise, an employer can generally fire you at…
- QuestionAre you really exempt from overtime in New York? Salary thresholds and duties testsNot just because you're paid a salary. In New York, to be exempt from overtime as an executive or administrative employee, your actual main duties…
- QuestionDo you get paid for unused vacation when you leave a job in New York?It depends on your employer's policy. New York doesn't require employers to offer vacation, but if they promise it, earned vacation pay is a 'wage…
The official sources on this topic
Every page here rests on statutes, regulations and government sites. These are the ones that come up most on this topic:
- N.Y. Labor Law(opens in a new tab)
- Unpaid/Withheld Wages and Wage Supplements — How to File a Claim(opens in a new tab)
- Wages and Hours Frequently Asked Questions(opens in a new tab)
- Labor Standards — NYS Department of Labor(opens in a new tab)
- Contact the Division of Labor Standards(opens in a new tab)
- File a Complaint — NYS Division of Human Rights(opens in a new tab)
Next step
The guides explain the rules. When you need an answer about your own situation, describe what happened and get a free first answer; the full check confirms every legal point against its source.
Ask about your situation — freeYour rights: Work & wagesGuided path