New York · Checked October 28, 2026 · Not legal advice
New York final paycheck rules
When employment ends, New York requires wages by the regular payday for that pay period. If the employee asks, you mail them. Earned vacation is paid out unless employees were given a written forfeit policy. The minimum wage depends on where they work.
Not legal advice. New York wage statutes are easy to underestimate, especially pay frequency for "manual workers" and wage notices. This page is a starting summary with links to the Department of Labor and the statute. It is not a New York legal opinion. JD HR Solutions is based in Florida. The Florida HR Checkup does not cover a New York workplace. Use a lawyer licensed in New York for a claim, a demand, or a handbook you will rely on there.
At a glance
| Question | New York, in short |
|---|---|
| Last paycheck | By the regular payday for the pay period in which employment ended. Mail it if the employee asks. NY DOL wages FAQ; Labor Law section 191. |
| Earned, unused vacation | Pay it if there is no written forfeit policy. A forfeit condition has to have been given to employees in writing. |
| Minimum wage, January 1, 2026 | $17.00 in New York City, Long Island, and Westchester. $16.00 in the rest of the state. Unchanged on January 1, 2027. Other jobs, including home care and hospitality tips, differ. |
| Overtime for most employees | 1.5× after 40 hours in the payroll week. Farm workers and some residential employees use different thresholds. |
The last check
The New York Department of Labor's wages FAQ says that when employment has ended, the employer must pay the wages by the regular payday for the pay period worked, and must mail them if asked. That is the plain-language version of Labor Law section 191's termination rule. It is not California's "have the check in the room" rule. It is also not a license to wait an extra cycle.
Pay frequency during employment is a separate obligation, and it is where New York surprises small employers. Labor Law section 191 generally requires manual workers to be paid weekly, within seven calendar days after the week the wages were earned, with a narrow path for larger employers and nonprofits to pay semi-monthly. Clerical and other workers are generally paid at least semi-monthly. "Manual worker" is defined broadly enough that office-and-field businesses have lost arguments about it. If you pay everyone biweekly, read section 191 or ask a New York lawyer before you assume you are fine. This page is not that opinion.
Commissioned salespeople have their own timing rules in the same section, tied to the written agreement. If your plan isn't written, you don't have a plan you can explain to the Department of Labor.
Vacation and sick leave
New York does not require employers to offer vacation. If you do, Labor Law section 195 requires you to notify employees in writing, or by a public posting, of the policy on sick leave, vacation, personal leave, holidays, and hours. The Department of Labor's FAQ then states the payout rule in a form owners can use:
- If the employee has earned vacation and there is no written forfeit policy, the employer must pay the accrued vacation.
- A policy can say that accrued vacation is lost under stated conditions. New York courts have allowed that, and the Department cites Glenville Gage. The conditions have to be communicated in writing. A sentence you add on the way out the door is not that.
Sick leave is a different statute. Labor Law section 196-b requires employers to provide sick leave. The amount, and whether it is paid, depends on headcount and, for the smallest employers, net income. Providing the leave is not the same thing as cashing it out at termination. Unless your written policy promises a payout of unused sick time, don't assume the vacation rule and the sick-leave rule are the same. The state's overview is at New York paid sick leave.
The PTO calculator will not choose between those rules for you.
Minimum wage and overtime
The Department of Labor says the general minimum wage as of January 1, 2026, and again on January 1, 2027, is:
- $17.00 an hour in New York City, Long Island (Nassau and Suffolk), and Westchester County.
- $16.00 an hour in the rest of New York State.
An inflation increase did not trigger for 2027. Home care aides are on a different schedule and are higher. Hospitality employers are the ones who may take a tip credit, and the cash wage is not the full minimum. Fast food has had its own history. Use the Department's minimum wage page and the lookup tool for the job in front of you, not this paragraph alone.
For overtime, the same FAQ says covered employees generally get 1.5× their regular rate after 40 hours in a payroll week. Residential employees in that chart are after 44. Farm employees move on a different schedule and, as of January 1, 2026, the FAQ lists overtime after 52 hours in a calendar week, plus a day-of-rest rule. New York follows many federal exemptions and still has its own salary thresholds for executive and administrative employees. Those thresholds are higher than the federal $684 a week. Check the current NY DOL figure before you treat a salary as enough.
The overtime calculator in weekly mode is the 40-hour version. Do not use it for farm workers or live-in residential employees.
If someone is leaving this month
Put the final wages on the correct payday
That is the payday for the period in which they left, not the one after.Read the vacation policy before you zero the balance
No written forfeit policy means accrued vacation gets paid.Don't confuse sick leave with vacation
You may owe the leave during employment and still not owe a cash-out. The policy has to say which.Look at pay frequency if you are already paying late
A final check that is merely "on the biweekly cycle" can still be the wrong cycle for a manual worker.
Other states on this site
Sources
- New York DOL, Wages and hours FAQ (final wages, vacation forfeiture, overtime, sick leave contrasted with benefits)
- New York DOL, Minimum wage (rates as of January 1, 2026, held flat on January 1, 2027)
- New York Labor Law section 191 (frequency of payment) and section 195 (notices)
- New York paid sick leave, ny.gov
- U.S. DOL, state minimum wage (New York regional rates)
General information, not legal advice. Industry wage orders, tips, and home care rates are easy to get wrong from a general chart. Use the Department of Labor's lookup for the actual job.