N.Y. DCD Law § 22

§ 22. Wages and commissions and preferred claims. 1. In all\ndistribution of assets under all assignments made in pursuance of this\narticle, the wages or salaries actually owing to the employees of the\nassignor or assignors at the time of the execution of the assignment for\nservices rendered within three months prior to the execution of the\nassignment, not exceeding one thousand dollars to each employee, and\nafter payment of the foregoing, all claims for cash deposits not\nexceeding three hundred dollars made and left with an assignor or\nassignors on account of purchases at retail of merchandise or services,\nwhere such deposits were made within six months before the execution of\nthe assignment and such merchandise has not been delivered or the\nservices performed, shall be preferred before any other debt except\nwages or salaries as aforesaid; and should the assets of the assignor or\nassignors not be sufficient to pay in full all the claims preferred,\npursuant to this section, they shall be applied to the payment first of\nwages or salaries to the full amount of each such wage or salary, and\nthereafter pro rata to payment of such cash deposits.\n 2. For the purposes of this section, wages or salaries shall mean; (a)\nall compensation and benefits payable by an employer to or for the\naccount of the employee for personal services rendered by such employee.\nThese shall specifically include but not be limited to salaries,\novertime, vacation, holiday and severance pay; employer contributions to\nor payments of insurance or welfare benefits; employer contributions to\npension or annuity funds; and any other moneys properly due or payable\nfor services rendered by such employee. Vacation and severance pay due\nand owing at the time of the filing of an assignment, or which became\ndue and owing after the filing of an assignment, but prior to the\nclosing of the estate, shall be considered as wages or salaries owed for\nservices rendered within three months prior to the execution of the\nassignment, or (b) commissions due traveling or city salesmen on\nsalaries or commission basis, whole or part-time, whether or not selling\nexclusively for the assignor or assignors, and for the purpose of this\nsection, traveling or city salesmen, shall include all such salesmen\nwhether or not they are independent contractors selling products or\nservices of the bankrupt with or without a drawing account or formal\ncontract.\n