When Do I Get Paid If I'm Still Employed?
If you are still employed and have completed the work that generated a commission, New York law requires that you be paid in accordance with your agreement — and within a reasonable time.
If You Are an Employee (Not an Independent Contractor)
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Under NYLL § 191(1)(c), commissions must be paid “in accordance with the agreed terms of employment,” but not less frequently than the law requires for other employees.
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For most clerical and non-manual workers, that means at least semi-monthly.
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Your commission agreement may allow for commission payments based on later events (e.g., customer payment), but once those events occur, you are entitled to payment without unnecessary delay.
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Commissions are wages under NYLL § 190(1) and may not be withheld, delayed, or forfeited without violating §§ 193 and 198.
If You Are an Independent Contractor Sales Representative
If you are an independent contractor who qualifies as a “sales representative” under NYLL § 191-a(d):
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You must be paid earned commissions and all other monies due “in accordance with the agreed terms of the contract, but not later than five business days after the commission has become earned.” (NYLL § 191-b(3))
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Even though you are not an employee, the statute imposes strict payment deadlines for earned commissions.
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These protections only apply if your contract is covered by §§ 191-a to 191-c, which require that:
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The contract be in writing,
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It describe the method of commission calculation and payment, and
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The principal provides you with a signed copy and obtains a receipt.
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What This Means for You
Regardless of whether you are an employee or an independent contractor, once your work is complete and the conditions for payment are satisfied, you should be paid:
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Employees: As soon as required under your agreement and no less than semi-monthly.
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Independent Contractors: Within five business days after commissions become earned under the contract.
If you're unsure which category you fall into, look at how you are treated by the company — including tax forms, control over your work, and whether you're subject to company policies.