Final Paycheck Demand and Wage Claim — New York

Final Paycheck Demand and Wage Claim (NEW YORK)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

Letterhead and Date

[________________________________]
[LAW FIRM OR INDIVIDUAL NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP]
[________________________________]
[Phone] | [Email]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

Date: [__/__/____]

Recipient (Employer Registered Agent)

[________________________________]
[Employer Legal Name]
c/o [________________________________] (Registered Agent for Service of Process; verify via NY Dept. of State Corporation & Business Entity Database)
[________________________________]
[Street Address]
[________________________________]
[City, NY ZIP]

Subject Line

RE: DEMAND FOR UNPAID FINAL WAGES — N.Y. LAB. LAW §§ 191, 193, 198

I. Employment Identification

II. Termination Circumstances

The undersigned represents [________________________________] ("Employee") concerning [Employer]'s failure to pay all final wages owed at separation under New York Labor Law. The separation was:

☐ Involuntary discharge / termination by Employer on [__/__/____]
☐ Layoff effective [__/__/____]
☐ Voluntary resignation effective [__/__/____]
☐ End of fixed-term contract / project on [__/__/____]
☐ Constructive discharge effective [__/__/____]

III. Wages Owed (Itemized)

IV. Statutory Deadlines Violated

V. Penalties and Damages

VI. Demand for Payment

Employer is hereby demanded to deliver, no later than [__/__/____] (14 calendar days from the date of this letter), a cashier's check or wire transfer in the amount of:

Total demanded: $[____]

made payable to "[________________________________]" and delivered to the address above.

VII. Litigation Hold Notice

Employer is on notice to preserve all relevant evidence including, without limitation: timekeeping records, payroll registers, paystubs (Lab. Law § 195(3)), wage notices (Lab. Law § 195(1)), personnel file, commission and bonus plans, severance plans, PTO/vacation policy and accrual records, written authorizations for any § 193 deductions, termination documentation, expense-reimbursement records, all written and electronic communications referencing Employee, email/Slack/Teams/text data, and any backups thereof. The duty to preserve attaches now and continues through final resolution. Spoliation may result in evidentiary sanctions.

VIII. Notice of Intent to File NYSDOL Claim and/or Lawsuit

If Employer fails to remit full payment by [__/__/____], Employee will, without further notice:

1. File a Claim for Unpaid Wages (Form LS 223) with the New York State Department of Labor, Division of Labor Standards, under Lab. Law § 196-a;
2. File a civil complaint in [____] County Supreme Court (or appropriate civil/district court) for unpaid wages, liquidated damages, wage-notice/statement penalties, attorney's fees, and interest under Lab. Law § 198; and/or
3. File a federal complaint under the FLSA (29 U.S.C. § 216(b)) for any minimum-wage or overtime shortfall, with supplemental NYLL claims.

Signature Block

Respectfully,

[________________________________]
[Attorney / Employee Name]
[Email] | [Phone]

cc: [________________________________] (client)

Part B — NYSDOL Wage Claim Filing

Agency Name and Address

New York State Department of Labor
Division of Labor Standards
Central office: State Office Campus, Building 12, Albany, NY 12240
Locate the nearest district office: https://dol.ny.gov/division-labor-standards-contact-information
Online portal: https://dol.ny.gov/workers/file-claim

Form Name and Version

• NYSDOL Form LS 223 — Claim for Unpaid Wages
• NYSDOL Form LS 223.2 — Claim Information Sheet (commission cases)
• Available in English, Spanish, Chinese, Russian, Korean, Haitian Creole, Polish, Bengali, Italian, Arabic, French, Urdu, and Yiddish
• Submit online (preferred), by mail, or in person

Required Attachments

☐ Completed LS 223, signed
☐ Last paystub and as many earlier paystubs as available
☐ W-2 / 1099 for relevant years
☐ Time records (employer's or personally maintained)
☐ Offer letter / employment / commission / bonus agreement
☐ Employer's PTO / vacation policy (if claiming PTO payout)
☐ § 195(1) wage notice (if received) — absence supports separate § 198(1-b) penalty
☐ Termination letter or resignation notice
☐ Copy of demand letter sent under Part A and any employer response
☐ Bank records showing missing direct deposits (if applicable)
☐ Calculation worksheet for each remedy

Filing Deadlines

• 6 years from date wages were due (Lab. Law § 198(3))
• 6 years for § 195(1)/(3) wage-notice / statement violations
• Federal FLSA: 2 years (3 if willful)

Hearing Procedure Overview

1. LS 223 filed → NYSDOL Investigator assigned.
2. Investigation — employer notified; both sides submit documentation; investigator interviews witnesses and may conduct on-site audit.
3. Compliance conference — informal settlement opportunity.
4. Order to Comply issued by Commissioner under Lab. Law § 218 if violation found, ordering payment of wages, liquidated damages, interest, and civil penalty.
5. Administrative appeal to the Industrial Board of Appeals within 60 days of Order (Lab. Law § 101).
6. Article 78 judicial review of IBA decision in the Appellate Division.
7. Collection — Commissioner may file judgment, levy assets, or refer to AG for prosecution (criminal under § 198-a).

Election-of-Remedies Considerations

• NYSDOL filing and private suit are generally exclusive for the same wages — claimant must elect; NYSDOL acceptance of claim bars duplicate civil action for same wages, though private claims for distinct periods or theories may survive.
• NYSDOL is free and produces administrative orders; private suit yields jury trial, broader discovery, and mandatory attorney's fees.
• Class actions and FLSA collectives must be filed in court, not NYSDOL.
• Liquidated damages cap — recent amendment limits § 191(1)(a) pay-frequency first-time liquidated damages to lost interest. Confirm worker classification (manual vs. clerical) and prior-violation history.
• Wage Theft Prevention Act — § 195(1) and (3) notice/statement penalties stack independently and are often where employers have greatest exposure.

Part C — Pre-Send Checklist

☐ All hours, rates, and pay periods verified from contemporaneous records
☐ Worker classification (manual / clerical / commission / exempt) confirmed under § 190
☐ Overtime, spread-of-hours, and call-in pay calculated under 12 NYCRR Part 142
☐ NY minimum-wage rate confirmed for relevant year and county (NYC, LI/Westchester, rest-of-state)
☐ Termination type confirmed in writing
☐ Final-paycheck deadline calculated under § 191(3)
☐ § 191(1)(a) manual-worker weekly-pay violations identified; first-time vs. repeat status confirmed
☐ § 193 deductions audited (written authorization required; no offsets for property)
☐ § 195(1) wage notice and § 195(3) paystub compliance audited; per-day penalties stacked
☐ § 198-c benefits/wage-supplements claims identified (vacation, severance, PTO)
☐ Demand letter sent via certified mail, return receipt requested, AND email
☐ Response deadline diaried (14 calendar days)
☐ NYSDOL LS 223 prepared as backup
☐ Litigation-hold notice transmitted; preservation tracker opened
☐ NY DOS Corporation Database checked for registered agent
☐ 6-year SOL diaried (oldest week)
☐ FLSA viability assessed (2-year / 3-year SOL)
☐ Conflicts check completed; engagement letter signed

Sources and References

• N.Y. Lab. Law Article 6 (§§ 190-199-a): https://www.nysenate.gov/legislation/laws/LAB/A6
• N.Y. Lab. Law § 191: https://www.nysenate.gov/legislation/laws/LAB/191
• N.Y. Lab. Law § 193: https://www.nysenate.gov/legislation/laws/LAB/193
• N.Y. Lab. Law § 198: https://www.nysenate.gov/legislation/laws/LAB/198
• NYSDOL Division of Labor Standards: https://dol.ny.gov/division-labor-standards
• NYSDOL File a Claim: https://dol.ny.gov/workers/file-claim
• 2025 N.Y. Laws Ch. 56, Part U (frequency-of-pay amendment, eff. May 9, 2025): https://www.nysenate.gov/legislation/bills/2025/A3006
• 12 NYCRR Part 142 (Miscellaneous Industries Minimum Wage Order)
• Vega v. CM & Assocs. Constr. Mgmt., LLC, 175 A.D.3d 1144 (1st Dep't 2019)
• Grant v. Glob. Aircraft Dispatch, Inc., 223 A.D.3d 712 (2d Dep't 2024)