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New York Statute of Limitations for Unpaid Wages: 6 Years to File (2025)

If your employer owes you wages in New York, the clock is ticking—but you have more time than you might think. New York gives workers six years to file most unpaid wage claims under Labor Law Article 6. That’s significantly longer than the two to three years federal law provides, and it means you can recover wages going back much further than in most other states.

But here’s what matters most: once that six-year deadline passes, your claim is gone forever. Courts won’t make exceptions, even if you have a strong case. Understanding the New York statute of limitations for unpaid wages can mean the difference between recovering thousands of dollars and losing your rights entirely.

This guide explains exactly how long you have to file wage claims in New York, when the clock starts ticking, and what happens if you miss your deadline.

New York’s 6-Year Statute of Limitations

New York Labor Law Article 6 establishes a six-year statute of limitations for most wage and hour violations. This is codified in New York Civil Practice Law and Rules (CPLR) § 213, which applies to claims for unpaid compensation.

This six-year window is one of the most generous in the country. It gives workers substantially more time to pursue wage claims compared to federal law and most other states.

What this means in practice:

  • You can file a claim for wages owed up to six years before your filing date
  • Each unpaid paycheck creates a separate violation with its own six-year deadline
  • The deadline applies whether you file with the New York Department of Labor (NYDOL) or in court
  • You don’t lose this right just because you no longer work for the employer

The six-year deadline applies to virtually all wage claims under New York Labor Law, including minimum wage violations, unpaid overtime, spread of hours pay, and withheld commissions.

What Types of Claims Get 6 Years?

New York’s six-year statute of limitations covers a broad range of wage and hour violations. Here are the most common claims that benefit from this extended deadline:

Unpaid minimum wage: If your employer paid you below New York’s minimum wage, you have six years to recover the difference from when each underpayment occurred.

Unpaid overtime: When you work more than 40 hours per week (or more than the applicable overtime threshold for your industry) and don’t receive proper overtime pay, you can go back six years.

Spread of hours pay: New York requires an extra hour of minimum wage pay when your workday spans more than 10 hours. Claims for this additional pay have a six-year window.

Call-in pay: Certain industries require employers to pay a minimum when they call you in for a shift. You have six years to claim unpaid call-in pay.

Illegal wage deductions: If your employer made unauthorized deductions from your paycheck, you can recover those amounts within six years.

Withheld commissions: When you earned commissions that your employer never paid, the six-year rule applies from when each commission was due.

Unpaid bonuses: Promised bonuses that meet the legal definition of wages are subject to the six-year statute of limitations.

Final paycheck violations: New York requires prompt payment of final wages. Claims for delayed final paychecks fall under the six-year deadline.

The common thread is this: if your employer owed you money as compensation for work, New York generally gives you six years to pursue it.

Federal Law: 2 or 3 Years for FLSA Claims

While New York provides six years for state law claims, federal law has much shorter deadlines. The Fair Labor Standards Act (FLSA) gives workers either two years or three years to file claims, depending on whether the violation was willful.

Standard FLSA deadline: 2 years

  • Applies to most minimum wage and overtime violations under federal law
  • The clock starts when each violation occurred (when wages should have been paid)
  • This shorter window means you can recover less money going back in time

Extended FLSA deadline: 3 years for willful violations

  • If your employer knowingly violated the FLSA or showed reckless disregard for the law, the deadline extends to three years
  • “Willful” means the employer knew about FLSA requirements and violated them anyway, or acted with reckless disregard
  • You’ll need evidence of the employer’s knowledge or intentional conduct

What claims fall under FLSA?

  • Federal minimum wage violations
  • Federal overtime violations (time-and-a-half for hours over 40 per week)
  • Certain recordkeeping violations

Many wage violations can be pursued under both New York law and federal law simultaneously. Your attorney can file claims under both statutes to maximize your recovery options.

Which Deadline Should You Use?

In most cases, you’ll want to file under both New York state law and federal law to maximize your potential recovery. Here’s why strategic timing matters:

New York law advantages:

  • Six-year window lets you recover wages going back much further
  • You can claim more total unpaid wages
  • State law covers violations that federal law might not (like spread of hours pay)
  • Potentially higher damages on certain claims

Federal law advantages:

  • Can provide liquidated damages (double your unpaid wages) on FLSA claims
  • Sometimes easier to establish federal violations than state violations
  • Federal courts may be preferable in certain situations

The strategic approach:
Most employment attorneys file claims under both New York Labor Law and the FLSA. This dual-filing strategy means:

  • You recover wages for the full six years under state law
  • You pursue liquidated damages under federal law for at least the two-year (or three-year) federal period
  • If one claim faces procedural issues, you have the other as backup

For example, if you’re owed $10,000 in unpaid overtime over six years:

  • Under New York law alone: You recover $10,000 (six years of back wages)
  • Under FLSA alone: You recover approximately $6,000 in back wages (two years) plus $6,000 in liquidated damages = $12,000 total, but lose four years of wages
  • Filing both: You can pursue the full $10,000 under New York law plus potential liquidated damages under FLSA for the qualifying period

Your choice of which law to emphasize may also depend on where you file (state or federal court) and specific facts of your case.

When Does the Clock Start?

Understanding exactly when the statute of limitations clock starts ticking is crucial for calculating your deadline. In New York wage cases, the clock generally starts on the date each wage payment was due.

Basic rule: Accrual date
A wage claim “accrues” (begins) on the date your employer should have paid you. This is typically your scheduled payday. If you were supposed to receive overtime pay on your November 15 paycheck, the six-year clock for that specific paycheck starts on November 15.

Each paycheck is separate
This is critical: every unpaid paycheck creates its own separate violation with its own six-year deadline. If your employer didn’t pay you proper wages for three years, you don’t have just one claim with one deadline—you have dozens of separate claims, each tied to a specific pay period.

Example timeline:

  • January 2019: Employer underpaid you $500 → Deadline is January 2025
  • February 2019: Employer underpaid you $500 → Deadline is February 2025
  • March 2019: Employer underpaid you $500 → Deadline is March 2025
  • And so on…

When is payment “due”?
Payment is generally due on your employer’s established payday. For most employees, this means:

  • The regular payday according to your pay schedule (weekly, bi-weekly, monthly)
  • For commissions: When they’re due according to your commission agreement or company policy
  • For final wages: Within the timeframe required by New York law (typically the next regular payday, or sooner for certain terminations)

Continuing violations create rolling deadlines
If your employer consistently underpays you over several years, you have a “continuing violation.” This means you can always recover wages from the most recent six years before you file, even if the underpayment started more than six years ago.

The “Discovery Rule” Generally Doesn’t Apply

Many people assume the statute of limitations clock shouldn’t start until they discover their employer violated wage laws. Unfortunately, New York generally doesn’t use a “discovery rule” for wage claims.

The clock starts when wages were due, not when you discovered the problem
Unlike some types of legal claims (like fraud or medical malpractice), wage claims begin from the date of the violation itself—when your employer should have paid you. Your knowledge or ignorance doesn’t change this.

Why this matters:

  • You can’t claim “I didn’t know I was entitled to overtime” to extend your six-year deadline
  • Even if your employer actively concealed wage violations, the clock likely still started when payment was due
  • Good faith ignorance of your rights doesn’t stop the clock from running

Very narrow exceptions
New York courts have recognized extremely limited situations where equitable tolling (pausing the deadline) might apply:

  • Your employer fraudulently concealed the violation in a way that prevented you from discovering it
  • You were legally prevented from filing (rare in wage cases)
  • Other extraordinary circumstances beyond your control

These exceptions are difficult to prove and rarely succeed. Don’t count on them to save a late claim.

The practical lesson
If you suspect your employer hasn’t paid you properly, don’t wait to investigate. Every day that passes moves you closer to losing wages permanently. Once six years pass from when a wage payment was due, you cannot recover it—even if you just discovered the violation yesterday.

Continuing Violations and Rolling Deadlines

The concept of “continuing violations” is one of the most important aspects of New York’s statute of limitations for unpaid wages. Here’s how it works in practice:

Rolling six-year window
Think of the statute of limitations as a rolling window that moves with you through time. Whenever you file a claim, you can recover unpaid wages for the six years immediately before your filing date.

Example of a rolling deadline:

  • Today’s date: November 7, 2025
  • You file a wage claim today
  • You can recover unpaid wages back to: November 7, 2019
  • Anything owed before November 7, 2019 is time-barred (too old)

If you wait to file:

  • You file on May 1, 2026 (six months from now)
  • You can recover back to: May 1, 2020
  • You’ve now lost all violations from November 2019 through April 2020

Each underpayment creates a new violation
If your employer underpays you consistently over many years, each paycheck creates a separate violation. As long as violations continue, new claims keep accruing:

  • Underpaid from 2018 through 2024
  • File in November 2025
  • Can recover: November 2019 through 2024 (six years)
  • Cannot recover: 2018 through October 2019 (time-barred)

Strategic implications
This rolling window means:

  1. Don’t wait thinking you’ll lose everything – Even if some older wages are time-barred, recent wages are still recoverable
  2. But don’t delay unnecessarily – Every month you wait, you lose another month of potential recovery on the back end
  3. File while still employed for maximum recovery – If violations continue, filing earlier lets you recover more total wages

The math of delay:
Imagine you’re underpaid $1,000 per month and this continues for years:

  • File in 2025: Recover 72 months × $1,000 = $72,000 (six years)
  • Wait and file in 2026: Recover 72 months × $1,000 = $72,000 (still six years, but different months)
  • But: You’ve permanently lost 12 months from 2019-2020 = $12,000 gone forever

The continuing violation doctrine helps workers who experience ongoing wage theft, but it doesn’t eliminate the importance of timely filing.

What Happens If You Miss the Deadline?

Missing the statute of limitations deadline has severe consequences. Once six years pass from when wages were due, your claim is permanently barred—regardless of how strong your case might be.

Your claim is dismissed
If you file a lawsuit after the deadline expires, your employer will file a motion to dismiss based on the statute of limitations. The court will grant this motion without ever looking at the merits of your case. It doesn’t matter if you have perfect documentation or your employer blatantly violated the law—if you’re too late, you lose.

No exceptions for good reasons
Courts do not make exceptions based on:

  • “I didn’t know I had rights” – Not relevant
  • “I was afraid to file while employed” – Doesn’t extend the deadline
  • “I couldn’t afford a lawyer” – Not grounds for extension
  • “My employer lied to me” – Usually doesn’t help (absent rare fraudulent concealment)
  • “I was too busy” – Not accepted

You cannot revive a dead claim
Once the statute of limitations expires, there’s no way to bring the claim back. You can’t:

  • File a new claim hoping it won’t be noticed
  • Ask the court for mercy or an extension
  • Wait for your employer to commit a new violation and then claim the old ones

Partial loss is common
Even if you file within six years of your most recent unpaid wages, you’ll lose any violations older than six years. Many workers discover they’re owed money for seven or eight years but can only recover six years’ worth because the rest is time-barred.

Example of partial loss:

  • Underpaid from January 2017 through December 2024 (8 years)
  • File claim in November 2025
  • Can recover: November 2019 through December 2024 (approximately 6 years)
  • Cannot recover: January 2017 through October 2019 (approximately 2.5 years)
  • Lost money: Roughly 30 months of wages gone forever

Department of Labor won’t help either
The six-year statute of limitations applies whether you file with the New York Department of Labor or in court. NYDOL cannot accept claims for wages owed more than six years before you file, even if they want to help.

The bottom line: Don’t test the deadline. If you’re owed wages, file as soon as reasonably possible. Every day of delay risks permanently losing money you earned.

WTPA Claims: Additional Penalties

The Wage Theft Prevention Act (WTPA) adds another layer of protection for New York workers, with significant penalties for employers who violate notice and recordkeeping requirements. These WTPA violations carry the same six-year statute of limitations as underlying wage claims.

What is the WTPA?
Enacted in 2011, the WTPA requires employers to:

  • Provide written notice of wage rates, pay schedule, and other terms at hiring
  • Give pay stubs with detailed information each pay period
  • Maintain accurate payroll records
  • Notify employees of any changes to wage terms

Civil penalties stack on top of wage recovery
If your employer violated WTPA requirements, you can recover:

  • Unpaid wages (back pay you’re owed)
  • Civil penalties up to $5,000 per violation for failure to provide proper notices
  • Damages up to $2,500 for pay stub violations
  • Attorney’s fees and costs if you prevail

The six-year rule applies
Just like underlying wage claims, WTPA penalties are subject to the six-year statute of limitations. You can recover penalties for violations going back six years from your filing date.

Why WTPA claims matter
Even in cases where your unpaid wages are modest, WTPA penalties can significantly increase your total recovery:

  • Owed $3,000 in unpaid wages
  • Employer never provided proper wage notices or pay stubs for 6 years
  • Potential WTPA penalties: Thousands of dollars in addition to the $3,000

Combining claims for maximum recovery
Smart wage claims include:

  1. Unpaid minimum wage/overtime (substantive wage violations)
  2. WTPA penalties (notice and recordkeeping violations)
  3. Liquidated damages under FLSA (if applicable)
  4. Attorney’s fees and costs

This combination can turn a modest wage claim into substantial recovery, especially when the employer failed to follow proper procedures.

Calculating Your Deadline: Examples

Understanding exactly when your six-year deadline expires is essential. Here are detailed examples showing how to calculate your statute of limitations for different scenarios:

Example 1: Simple unpaid overtime

  • Situation: You worked overtime in 2020 without proper time-and-a-half pay
  • Last unpaid overtime date: December 31, 2020 (last paycheck with overtime)
  • Payday for that work: January 15, 2021
  • Six-year deadline: January 15, 2027
  • Action required: File your claim by January 15, 2027 to recover that paycheck

Example 2: Ongoing underpayment

  • Situation: Employer has underpaid you $200/month since 2018
  • Today’s date: November 7, 2025
  • If you file today: You can recover from November 7, 2019 forward (approximately 73 paychecks)
  • Lost forever: All underpayments from 2018 through October 2019
  • If you wait until March 2026: You’ll lose additional months (November 2019 through February 2020)

Example 3: Withheld commission

  • Situation: You earned a $10,000 commission in June 2019
  • Commission was due: August 1, 2019 (per your commission agreement)
  • Six-year deadline: August 1, 2025
  • Status as of November 2025: This claim is now time-barred and cannot be recovered
  • Lesson: Should have filed by summer 2025

Example 4: Final paycheck not paid

  • Situation: Terminated March 15, 2020, never received last paycheck
  • Final paycheck due date: March 20, 2020 (next regular payday)
  • Six-year deadline: March 20, 2026
  • Current status (November 2025): Still have about 4 months to file
  • Action: File soon to avoid missing deadline

Example 5: Spread of hours violations (multiple pay periods)

  • Situation: Regularly worked 12-hour shifts without spread-of-hours pay from 2019-2024
  • Filing date: December 1, 2025
  • Recoverable period: December 1, 2019 through your last shift in 2024
  • Lost forever: Any spread-of-hours pay from before December 1, 2019
  • Calculation: Count each qualifying shift in the six-year window

How to calculate your own deadline:

  1. Identify when each wage payment was due (usually your payday)
  2. Add six years to that date
  3. File your claim before that deadline expires
  4. Remember: Each separate underpayment has its own deadline
  5. When in doubt, consult an attorney—don’t guess

Don’t Wait: Why You Should File Early

Even though New York gives you six years to file wage claims, waiting until the deadline approaches is risky. Here’s why you should act as soon as you realize your employer owes you money:

Evidence disappears over time

  • Documents get destroyed: Pay stubs, time records, and schedules may be discarded after a few years
  • Computer systems change: Employers upgrade software, potentially losing historical data
  • Your own records fade: Did you keep records from five years ago?
  • The longer you wait, the harder it becomes to prove your case

Witnesses become unavailable

  • Coworkers quit or move away
  • Managers leave the company
  • Supervisors retire or forget details
  • Your own memory of specific events fades
  • Finding witnesses years later is difficult or impossible

Employers may close or go bankrupt

  • Businesses shut down, leaving no assets to collect from
  • Companies declare bankruptcy, potentially discharging wage debts
  • Small employers may dissolve or restructure
  • The longer you wait, the greater the chance your employer won’t be around to pay

You lose money on the back end
Due to the rolling six-year window:

  • Every month you delay pushes older violations outside the recoverable period
  • If violations are ongoing, you permanently lose the oldest month of wages each month you wait
  • Procrastination literally costs you money you earned

Interest accrues from when wages were due
New York allows recovery of prejudgment interest on unpaid wages:

  • Interest runs from the date each wage payment was due
  • Filing earlier means you collect interest on recent wages too
  • Filing later means you’ve missed out on years of interest accumulation on old wages

Emotional and financial stress compounds

  • Knowing you’re owed money and not pursuing it creates ongoing stress
  • Financial hardship from unpaid wages may worsen over time
  • The longer you wait, the more overwhelming the process feels
  • Acting quickly provides peace of mind and potential recovery sooner

Documentation requirements increase with time

  • Older claims require more evidence to prove
  • You’ll need to reconstruct years of work history
  • Banks may not keep records of deposits from many years ago
  • Tax returns become essential but may be harder to locate

The strategic advantage of filing early

  • Catch your employer while records still exist
  • File while witnesses remember details
  • Preserve evidence before it’s destroyed
  • Maximize your recoverable period
  • Reduce the risk of your employer becoming judgment-proof

When to file: As soon as reasonably possible
Ideally, file your wage claim:

  • While still employed (if violations are ongoing)
  • Within 1-2 years of discovering the violation
  • Before you’ve lost key documentation
  • As soon as you’ve consulted with an attorney

Don’t confuse “having six years” with “should wait six years.” The statute of limitations is a deadline, not a recommendation. File as soon as you can to protect your rights and maximize your recovery.

How to Preserve Your Rights

Taking action to preserve your wage claim rights is essential. Here’s a step-by-step guide to protecting your ability to recover unpaid wages:

1. Document everything immediately
Start gathering evidence as soon as you suspect wage violations:

  • Pay stubs: Collect every pay stub, going back as far as you have them
  • Time records: Save copies of timesheets, punch clock records, or scheduling apps
  • Written communications: Keep emails, texts, or memos about pay, hours, or work schedules
  • Employment documents: Your offer letter, employment agreement, commission agreements, and employee handbook
  • Work schedules: Screenshots or copies showing your actual hours worked
  • Personal calendar: Your own notes about hours worked, if you kept them

2. Create your own records if needed
If your employer doesn’t provide adequate documentation:

  • Write down your recollection of hours worked each week (be as accurate as possible)
  • Note dates, times, and circumstances of specific incidents
  • Track ongoing violations as they occur
  • Keep a journal with contemporaneous notes
  • Save screenshots of electronic scheduling systems

3. Calculate what you’re owed
Work out the math:

  • Determine your proper rate (minimum wage, overtime rate, agreed salary)
  • Calculate the difference between what you should have received and what you were paid
  • Add up totals by pay period
  • Go back as far as you have documentation (up to six years)
  • Consider multiple types of violations (unpaid overtime, spread of hours, etc.)

4. Consult an employment attorney
Don’t go it alone, especially as you approach deadlines:

  • Free consultations: Many employment lawyers offer free initial consultations
  • Contingency fees: Most wage cases are handled on contingency (attorney only gets paid if you win)
  • Deadline awareness: An attorney can calculate your exact deadlines
  • Strategy: Lawyers know whether to file with NYDOL, in state court, or federal court
  • Maximizing recovery: Attorneys identify all potential claims (WTPA, liquidated damages, interest)

5. File before your deadline expires
Take action with time to spare:

  • With NYDOL: File a complaint with the New York Department of Labor’s Division of Labor Standards
  • In court: Your attorney can file a lawsuit in state or federal court
  • Don’t wait until the last minute: System delays, paperwork issues, or holidays could cause problems
  • File electronically if possible: Faster and creates immediate proof of filing

6. Preserve your filing proof
Keep evidence that you filed timely:

  • Save copies of your filed complaint or lawsuit
  • Keep date-stamped receipts or filing confirmations
  • Take screenshots of electronic filings
  • Get confirmation from your attorney that filings are complete

7. Continue documenting if violations are ongoing
If you still work for the employer:

  • Keep tracking hours and pay going forward
  • Document any retaliation or adverse actions after filing
  • Save all future pay stubs and time records
  • Note any changes to your work conditions

8. Know your retaliation protections
New York law prohibits employer retaliation:

  • Employers cannot fire you for filing a wage claim
  • They cannot reduce your hours, demote you, or otherwise retaliate
  • If retaliation occurs, document it and report it to your attorney immediately
  • Retaliation claims have their own damages and can strengthen your case

9. Act even if you’re no longer employed
You don’t need to be currently employed to file:

  • Former employees have the same six-year window
  • You can file against a previous employer
  • Your current employment status doesn’t affect your rights to past wages

10. Don’t let fear stop you
Common fears shouldn’t prevent you from pursuing valid claims:

  • “I’ll get fired”: Retaliation is illegal; filing protections exist
  • “It will hurt my career”: Employers who violate wage laws deserve consequences
  • “It’s not worth it”: Six years of unpaid wages can add up to tens of thousands of dollars
  • “The process is too complicated”: That’s what attorneys are for

The most important step: Don’t delay
The single best way to preserve your rights is to act now. Every day you wait risks:

  • Evidence disappearing
  • Witnesses forgetting details
  • Older wages becoming time-barred
  • Your employer’s financial situation deteriorating

If you believe your employer owes you wages, start documenting immediately and consult an employment attorney. New York’s six-year statute of limitations is generous, but it’s not infinite—and the deadline arrives faster than you think.

Disclaimer: This article provides general information about New York’s statute of limitations for unpaid wage claims and should not be construed as legal advice. Statute of limitations deadlines are strict, and missing them can result in permanent loss of your rights. Every case has unique facts that may affect applicable deadlines. If you believe you’re owed unpaid wages, consult with a qualified New York employment attorney immediately to evaluate your specific situation and ensure you file within all applicable deadlines. Don’t risk losing your claim by delaying.

Related Resources

Learn more about protecting your wage rights in New York:

Need help with a wage claim? Don’t let the statute of limitations expire. Consult with a New York employment attorney today to evaluate your case and protect your rights.