Work & wages · Your right

Your right to a pay notice and pay stubs in New York (Wage Theft Prevention Act)

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Under Labor Law § 195, your employer must give you a written notice of your pay rate and regular payday when you're hired — in English and your primary language if the DOL has a template — and must give you a pay stub with every payment listing the dates covered, rates, hours, gross pay, deductions and net pay. If you didn't get the notice within ten business days of starting, you may recover $50 per workday, up to $5,000; for missing or inaccurate pay stubs, $250 per workday, up to $5,000, plus attorney's fees — unless the employer shows it paid all wages fully and on time or had a good-faith reason.

Read on for the details, the exceptions and the sources.

In plain words

Pay notice
A form you get when hired listing your pay rate, overtime rate, payday, employer's name and address, and any tip, meal or lodging allowance.
Wage statement
Your pay stub — the breakdown that must come with every paycheck.
Affirmative defense
A reason the employer can prove to avoid paying the penalty, such as having paid all wages fully and on time.

What is it?

Two documents the Wage Theft Prevention Act (in Labor Law § 195) requires so you can check your pay: a pay notice at hiring (§ 195(1)) and a wage statement with every payment (§ 195(3)). Your employer must also notify you in writing at least seven calendar days before changes to the information in the notice, unless the change appears on your next pay stub (§ 195(2)) — and the DOL says a pay cut must be in writing before it takes effect.

Who qualifies?

All private-sector employees working in New York, including overtime-exempt employees (who still get a pay notice). Government employers aren't covered, but charter schools, private schools and nonprofits are.

Exceptions

  • Hospitality employers must give a new written notice every time a wage rate changes.
  • If your primary language has no DOL template, an English notice satisfies the law (§ 195(1)(c)). The DOL offers templates in Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.
  • The Commissioner may waive or change notice rules for temporary help firms (§ 195(1)(e)).
  • You can't waive the notice requirement.

How much?

No notice within ten business days of your first day: $50 for each workday the violation continues, up to $5,000, plus costs and reasonable attorney's fees (§ 198(1-b)). Missing or incomplete pay stubs: $250 for each workday the violation occurs, up to $5,000, plus costs and attorney's fees (§ 198(1-d)). The DOL can assess the same amounts on your behalf.

The employer has a defense if it proves it paid you all wages due completely and on time, or reasonably believed in good faith it didn't have to give the notice or statement. So these damages are usually claimed together with an underpayment.

How is it calculated?

The pay notice must state: your rate or rates of pay and the basis (hour, shift, day, week, salary, piece, commission); for non-exempt employees, the regular hourly rate and overtime rate; any allowances claimed as part of the minimum wage (tip, meal, lodging); the regular payday; the employer's name and any 'doing business as' names; the address of the main office and a mailing address; and the phone number. You sign an acknowledgment, which the employer keeps six years.

Each pay stub must list: dates of work covered; your name; the employer's name, address and phone; rates and basis of pay; gross wages; deductions; allowances claimed; and net wages. For non-exempt employees it must also show the regular and overtime rates and the number of regular and overtime hours; for piece workers, the piece rates and pieces completed. On request, your employer must explain in writing how your wages were computed (§ 195(3)).

What documents do you need?

  • Your offer letter and any pay notice you signed (or a note that you never got one)
  • All pay stubs, or proof you didn't get them (for example, cash in an envelope)
  • Your start date and the dates you worked
  • Your own record of hours

How do you get it?

  1. Ask for copies

    Ask in writing for a copy of your signed pay notice and any missing pay stubs. Employers must keep payroll records for six years (§ 195(4)).

  2. Ask how your pay was computed

    If a stub is unclear, ask for a written explanation; the employer must provide it on request (§ 195(3)).

  3. Claim it

    Include missing notices or stubs in a DOL claim (form LS223 lists them as non-wage items) or in a court case.

What if they refuse?

File with the NYS Department of Labor or sue. If the employer didn't keep adequate records or give wage statements, that doesn't stop you from filing; the employer bears the burden of proving you were paid (§ 196-a). Asking for these documents is protected from retaliation (§ 215).

Deadlines

Claims under Article 6 of the Labor Law, including § 198(1-b) and (1-d), generally must be brought in court within six years (§ 198(3)). The DOL's intake limit is three years.

Frequently asked questions

My employer pays me in cash with no stub. Is that legal?

The DOL lists cash as an allowed way to pay wages, but every payment must come with a wage statement (§ 195(3)). No stub may entitle you to $250 per workday up to $5,000, subject to the employer's defenses.

Do I have to sign the pay notice?

The employer must ask you to sign an acknowledgment. If you refuse, the DOL says the employer should still give you the notice and note your refusal.

Can I get a pay notice in Spanish?

Yes. The notice must be in English and your primary language if the DOL has a template for it; templates exist in Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

Related questions

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.