N.Y. Labor Law Section 236
Failure to protest underpayments

Notwithstanding any inconsistent provision of this chapter or of any other general, special or local law, ordinance, charter or administrative code, a service employee shall not be barred from his right to recover the difference between the amount actually paid to him and the amount which should have been paid to him pursuant to an order entered under the provisions of this article because of the prior receipt by him without protest of wages paid or on account of his failure to state orally or in writing upon any payroll or receipt which he is required to sign that the wages received by him are received under protest, or on account of his failure to indicate his protest against the amount, or that the amount so paid does not constitute payment in full of wages due him for the period covered by such payment.

Source: Section 236 — Failure to protest underpayments, https://www.­nysenate.­gov/legislation/laws/LAB/236 (updated Apr. 2, 2021; accessed Jan. 10, 2026).

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Jan. 10, 2026

Last modified:
Apr. 2, 2021

§ 236. Failure to protest underpayments's source at nysenate​.gov

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