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Is employer penalized for paying employee late?

Garden City, NY |

A New York (Long Island) employer pays an employee three after being fired and after the paycheck is due. Is the employer subject to penalties for late payment? I currently live in California, where the employer is subject to waiting time penalties. Are there any similar laws in New York? Thanks for your help.

Attorney Answers 3


  1. I don't believe there is any seperate penalty for a late payment. If payment is not made at all, then the employer may be liable for double damages and attorney fees.


  2. Not that I am aware of, especially not for three days.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  3. Yes, an employer is subject to penalties and fines. Article 6 of the me York labor labor law governs payment of wages. Sections 197 & 198 provide for civil and criminal penalties for violations of article 6 . Sections 191 governs frequency of payments. The civil penalty stated is $500.00 plus costs. A claim can be initiated by contacting the New York State department of labor.

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