If your employer hasn't paid your final wages, New York law gives you specific deadlines and specific penalties — and a properly cited demand letter is how you invoke both. Here is exactly what Labor Law §§ 191, 198 requires, and what it costs your employer to ignore it.
New York's final paycheck deadlines at a glance
| If you were fired or laid off | No later than the regular payday for the final pay period (Labor Law § 191) |
| If you quit | Same — the regular payday for the period worked |
| The penalty for nonpayment | Unpaid wages + 100% liquidated damages + attorney's fees (§ 198(1-a)); judgments grow 15% if unpaid 90 days; 6-year lookback |
The deadline
New York Labor Law § 191 requires your employer to pay your final wages no later than the regular payday for the pay period in which your employment ended — whether you were fired or quit. Commissioned salespeople and certain executives have contract-driven rules, but for most workers the regular-payday deadline governs, and “we'll mail it eventually” is not a legal category.
Why New York's remedy is one of the strongest
Labor Law § 198(1-a) entitles you to recover the full unpaid wages plus liquidated damages of 100% of the amount owed — effectively doubling your claim — unless the employer proves it had a good-faith basis for nonpayment, which courts construe narrowly. Attorney's fees and costs are recoverable on top. And New York gives you six years to sue, the longest wage lookback in the country.
The judgment escalator
Section 198(4) adds a detail employers' lawyers know well: any judgment that remains unpaid 90 days after it's final automatically increases by 15%. The statute is engineered so that every stage of delay gets more expensive — which is exactly the pressure your demand letter should articulate.
Your two enforcement tracks
You can file a wage claim with the New York State Department of Labor (free, no lawyer needed) or sue directly — small claims court for smaller amounts, civil court with fee-shifting for larger ones. A demand letter citing §§ 191 and 198, with the doubled exposure computed in dollars, frequently resolves the matter before either track is needed.
What a strong New York demand letter looks like
An effective letter states the exact amount owed and the statutory deadline that was missed, cites Labor Law §§ 191, 198 by name, computes the penalty exposure in dollars, and sets a firm response deadline before escalation. Here's how the opening of a strong one reads:
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This guide is general information about New York law, not legal advice. Statutes are paraphrased; verify current law for your situation. For significant or contested claims, consult a licensed New York attorney.