New York payroll compliance requirements
New York employers must follow a range of payroll-related obligations to comply with state labor laws and tax regulations. Here is a breakdown of key responsibilities to align your business with New York State law.
Register as an employer
In New York, businesses must register with the New York State Department of Labor (NYSDOL) and the New York State Department of Taxation and Finance (DTF) before paying any wages to employees working in New York. The most common and efficient way is to register online using the New York Business Express portal. This registration covers unemployment insurance, wage reporting, and tax withholding obligations. You must have your federal employer identification (EIN) to register.
Household employers:
If you employ a domestic worker (such as a nanny, housekeeper, or caregiver), you are required to register as an employer when you pay $500 or more in cash wages to a household worker in a calendar quarter. You do not need to register before reaching this threshold. Registration can be completed with NYSDOL by phone, online, or by mail once you reach the threshold.
Penalty: Failure to register on time can result in late filing penalties, loss of tax credits, and interest charges.
Provide itemized wage statements
Under New York Labor Law § 195(3), employers must provide employees with a written wage statement every payday that includes:
- Pay period dates
- Gross wages and net wages
- Rate of pay (hourly or salaried)
- Any deductions (taxes, benefits, etc.)
- Number of hours worked (for nonexempt employees)
- Overtime hours and pay (if applicable)
- Employer name, address, and phone number
Records of wage statements must be retained for six years.
Penalty: Failure to provide proper wage statements may result in damages of up to $250 per workday per employee, capped at $5,000 per employee.
Furnish wage notice upon hiring
Under the Wage Theft Prevention Act (WTPA), all private employers in New York must provide each new hire with a written wage notice at the time of hiring. The notice must include:
- Employee’s rate(s) of pay and basis (e.g., hourly, salary)
- Overtime rate (if applicable)
- Regular payday
- Employer’s legal name and DBA
- Employer’s address and contact info
- Any allowances claimed (e.g., meals, lodging)
The law also requires the notice in the employee’s primary language (if available from NYDOL), and notice must be updated if key wage terms change.
The notice must be signed and acknowledged by the employee and retained for six years.
Penalty: Employers who fail to provide the wage notice may owe $50 per day per employee, up to $5,000 per employee.
Offer direct deposit only with employee consent
New York employers may offer direct deposit, but only with the employee’s voluntary, written consent. Employers must also:
- Provide a written notice of rights
- Let employees choose their financial institution
- Offer alternative payment methods (e.g., check)
Penalty: Violating direct deposit rules may result in wage claims, audits, and penalties under state labor law.
Follow timely wage payment laws
Employers must pay wages on designated paydays, with frequency based on the employee’s job classification.
Penalty: Late payments may trigger wage claims, civil penalties, and interest.
Remit payroll taxes on time
Employers must file and pay several payroll taxes through the Department of Taxation and Finance (DTF) and NYSDOL, including:
- New York State Income Tax (PIT)
- Unemployment Insurance (UI)
- Reemployment Services Fund (RSF)
- Metropolitan Commuter Transportation Mobility Tax (MCTMT) if applicable
- Disability Benefits and Paid Family Leave premiums
Penalty: Late or missed payments may result in penalties, plus interest and potential audits.
Submit quarterly and annual tax filings
New York employers are required to file:
- Quarterly Combined Withholding, Wage Reporting, and UI Return (Form NYS-45)
- Annual Reconciliation if applicable
- W-2s to the Social Security Administration and state
These filings can be submitted through the NY.gov Employer Services portal.
Penalty: Missing a filing deadline can result in penalties—often $1,000 or more per return for state wage/tax filings—plus interest and potential audits. The exact penalty depends on the specific form, the number of employees, and how late the return is filed.
Electronic filing and payment requirements
Most New York employers are required to file payroll taxes and submit payments electronically, unless granted a waiver due to hardship.
- Use online services to file and pay withholding, UI contributions, and wage reports.
- Waivers may be requested through the Department of Taxation and Finance.
Penalty: Paper submissions without a waiver may be subject to penalties of $50 or more per filing.
New York wage theft protections
New York has strong wage theft laws. Employers may not withhold wages for any unauthorized reason.
Penalty: Wage theft violations can lead to damages, back pay, attorney’s fees, and fines of up to $20,000 for repeat violations.
Can an employer withhold a paycheck for any reason?
No. Employers cannot withhold a paycheck for any reason not allowed by law. They are legally required to pay all earned wages on time. Deductions are permitted only if:
- Required by law (e.g., taxes, wage garnishments)
- Authorized in writing by the employee (e.g., benefits)
- Covered under a collective bargaining agreement
Employers may not withhold wages as punishment or for issues like property damage. Unlawful withholding can lead to legal action by the employee.