How to File a Wage Claim in New York
To recover unpaid wages in New York, file with New York State Dept. of Labor, Division of Labor Standards. Under federal law you can claim up to 2 years of back pay(3 if the violation was willful), plus an equal amount in liquidated damages. Estimate what you're owed below.
Your situation
Unpaid overtime estimate
- Size of the weekly gap. About 9% of a typical week's correct pay looks unpaid.
- Total back pay at stake. The amount is large enough that most wage attorneys will take a look.
- How long it ran. 26 recoverable weeks within the federal 2-year window.
- Standard 2-year window. No willful-violation signal entered, so the federal look-back is 2 years.
The Claim Kit is a printable demand letter pre-filled with your figures, your state's filing route, and a step-by-step complaint guide. The case review is free and carries no obligation.
This is an estimate from the figures you entered, not legal advice or a guarantee of recovery. Wage law has local exceptions and strict deadlines — confirm with your state labor department or an employment attorney.
- Agency
- New York State Dept. of Labor, Division of Labor Standards — file a wage claim
- Federal window
- 2 years of back pay, or 3 years if the violation was willful — plus equal liquidated damages.
- New York adds
- New York allows a 6-year look-back, liquidated (double) damages, and interest.
Filing a New York wage claim, step by step
- 1Gather your records
Collect pay stubs, time records, schedules and any texts about hours. In New York, your own honest records can carry a claim if the employer's are missing.
- 2Calculate what you're owed
Use the back-pay calculator on this page to estimate the unpaid wages and how far back you can recover them.
- 3Send a written demand
Many disputes settle after a dated demand letter that states the amount owed and the deadline you're giving the employer to pay.
- 4File with New York State Dept. of Labor, Division of Labor Standards
If the employer doesn't pay, file a wage claim with the agency below, or talk to an employment attorney about a lawsuit.
- 5Mind the deadline
Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter administrative deadline, so don't wait.
Want a lawyer to check it first?
A free case review tells you whether your New Yorkclaim is worth pursuing — most wage cases are taken on contingency, so there's no upfront cost.
Frequently asked questions
Who do I file an unpaid-wage claim with in New York?
New York State Dept. of Labor, Division of Labor Standards. You can also sue in court, often with an employment attorney.
How far back can I recover unpaid wages in New York?
Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages. New York allows a 6-year look-back, liquidated (double) damages, and interest.
Can my employer retaliate for filing a wage claim in New York?
No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.
New York wage-claim figures are general information for 2026, not legal advice. Deadlines, agencies and remedies have local exceptions and change — confirm with New York State Dept. of Labor, Division of Labor Standards or an employment attorney before relying on this.