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New York Unpaid Wages: How to File a Claim and Recover Back Pay (2025)

If your employer hasn’t paid you for hours you worked in New York, you have strong legal protections. New York unpaid wages laws give you up to six years to file a claim, and you can recover double what you’re owed plus interest and attorney fees. Whether your employer shorted your paycheck, didn’t pay overtime, or withheld your final wages, you have options to get your money back.

This guide explains how to file a claim with the New York Department of Labor, what evidence you need, and what you can expect to recover.

What Counts as Unpaid Wages in New York

Unpaid wages include any compensation your employer owes you for work performed. Under New York Labor Law, this covers more than just your regular hourly pay.

Common types of unpaid wages:

  • Regular wages – Your hourly rate or salary for time worked
  • Overtime pay – Time-and-a-half for hours over 40 per week
  • Minimum wage violations – Paying below New York’s minimum wage
  • Final paycheck – Wages owed when you quit or were fired
  • Commissions – Sales commissions or bonuses you earned
  • Spread of hours pay – Extra hour’s pay for shifts longer than 10 hours
  • Tips and gratuities – Tips your employer kept or improperly pooled
  • Vacation or PTO – Accrued time off your employer promised to pay
  • Reimbursements – Job-related expenses you paid out of pocket

New York law requires employers to pay you on regular paydays. If your employer misses a payday or pays you less than what you earned, they’ve violated wage and hour laws.

The New York Wage Theft Prevention Act

The Wage Theft Prevention Act strengthened protections for workers in New York. This law requires employers to provide written notice of pay rates, pay schedules, and other wage information when you’re hired and whenever anything changes.

Key requirements for employers:

  • Provide a written notice of your pay rate at hiring
  • Give pay stubs showing hours worked and deductions
  • Pay you on scheduled paydays
  • Keep accurate payroll records for six years
  • Post wage theft notices in the workplace

When employers violate these requirements, they face penalties. More importantly, violations make it easier to prove your unpaid wage claim because the law shifts some burden to the employer to show they paid you correctly.

Two Ways to Recover Unpaid Wages in New York

You have two main options for recovering New York unpaid wages: filing a claim with the state Department of Labor or filing a lawsuit in court.

Option 1: File with the New York Department of Labor (NYDOL)

The NYDOL investigates wage claims at no cost to you. This administrative process is simpler and faster than court.

Advantages:

  • Free to file
  • No attorney required
  • NYDOL investigates for you
  • Less formal than court
  • Often resolves within 6-12 months

Limitations:

  • Cannot recover liquidated damages in most cases
  • Limited to three years of back wages
  • No jury trial
  • Employer can challenge and move to court

Option 2: File a Private Lawsuit

You can hire an attorney and file a lawsuit in state or federal court. This option makes sense for larger claims or when you want maximum damages.

Advantages:

  • Can recover up to six years of back wages
  • Entitled to liquidated damages (up to 100% additional)
  • Can recover attorney fees from your employer
  • More formal discovery process
  • Jury trial option

Limitations:

  • Need to hire an attorney (many work on contingency)
  • Takes longer than NYDOL process
  • More complex legal proceedings
  • Higher stakes if you lose

Many attorneys offer free consultations to evaluate your claim. If your case is strong, they may take it on contingency, meaning they only get paid if you win.

How to File a Wage Claim with NYDOL

Filing a claim with the New York Department of Labor starts the investigation process. Here’s how to do it step by step.

Step 1: Gather Your Evidence

Before you file, collect documentation that proves you worked and weren’t paid properly.

Helpful documents:

  • Pay stubs showing your rate and hours
  • Time records or timesheets
  • Emails or texts about your schedule
  • Your employment contract or offer letter
  • Bank statements showing direct deposits
  • Work schedules or shift confirmations
  • Any written communication about pay

Even if you don’t have formal records, file anyway. Many workers don’t receive proper pay stubs, and that’s actually a violation that helps your case.

Step 2: Complete the Claim Form

Visit the NYDOL website and complete the online claim form or download a paper form to mail in.

Information you’ll need:

  • Your personal information and contact details
  • Employer’s name, address, and contact information
  • Dates you worked
  • Your pay rate and how you were paid
  • Amount of unpaid wages you believe you’re owed
  • Description of what happened

Be as specific as possible about dates, hours, and amounts. If you don’t know exact figures, provide your best estimate based on the information you have.

Step 3: Submit Your Claim

You can file online, by mail, or in person at a NYDOL office. Online filing is fastest and gives you immediate confirmation.

Where to file:

  • Online: Through the NYDOL website
  • By mail: Send to your regional NYDOL office
  • In person: Visit any NYDOL office during business hours

Keep copies of everything you submit. Write down your claim number and any reference numbers NYDOL provides.

Step 4: NYDOL Investigation

After you file, NYDOL assigns your claim to an investigator. They contact your employer and request payroll records.

What happens during investigation:

  • NYDOL requests employment records from your employer
  • Investigator reviews timesheets, pay stubs, and payroll data
  • Both sides may be asked to provide additional information
  • NYDOL may schedule a conference call or hearing
  • Investigator issues a determination

Be responsive if NYDOL contacts you. Return calls promptly and provide any additional information they request. This keeps your claim moving forward.

Step 5: Resolution or Appeal

If NYDOL finds your employer owes you wages, they issue an order to pay. Your employer must pay or appeal within 20 days.

Possible outcomes:

  • Order issued: Your employer must pay the amount determined
  • Claim denied: You can appeal to an administrative law judge
  • Settlement reached: You and employer agree on payment
  • Employer appeals: Case goes to hearing before a judge

If your employer doesn’t pay after an order is issued, NYDOL can pursue collection through wage liens, bank levies, or civil judgments.

Evidence That Strengthens Your Claim

The more documentation you have, the stronger your claim. But even without perfect records, you can still file and win.

Best evidence:

  • Time records – Punch cards, time clock data, or digital time tracking
  • Pay stubs – Showing your rate, hours, and deductions
  • Written schedules – Emails or posts showing when you worked
  • Bank records – Deposits that don’t match hours worked
  • Text messages – Conversations about schedules or pay
  • Photos – Pictures of handwritten schedules or time clocks
  • Witness statements – Coworkers who saw you work

If you have no records:

You can still file a claim based on your own testimony. Write down everything you remember:

  • What days and hours you typically worked
  • Your pay rate or salary
  • When you received paychecks and amounts
  • Any conversations about unpaid wages
  • Names of supervisors or managers

Under New York law, if your employer failed to keep proper records (which they’re required to do), the burden shifts to them to prove they paid you correctly. Your reasonable estimate of hours worked will be accepted unless they can show otherwise.

New York’s Six-Year Statute of Limitations

New York gives you six years to file a lawsuit for unpaid wages in court. This is one of the longest statutes of limitations in the country.

Important timing rules:

  • NYDOL claims: Limited to three years of back wages
  • Court lawsuits: Can recover up to six years of back wages
  • Starting date: The clock starts when wages were due
  • Tolling: The deadline may pause in certain circumstances

The statute of limitations is different for each unpaid paycheck. If your employer hasn’t paid you properly for years, you can recover wages going back six years from the date you file your lawsuit.

Example: You file a lawsuit on January 1, 2025. You can recover unpaid wages back to January 1, 2019. Any wages owed before that date are likely time-barred.

Don’t wait to file. While six years sounds like a long time, evidence disappears, witnesses forget details, and employers may close or declare bankruptcy. File as soon as you realize you haven’t been paid properly.

For more details on timing requirements, see Statute of Limitations Unpaid Wages NY.

What You Can Recover

New York law allows you to recover more than just the wages you’re owed. Depending on whether you file with NYDOL or in court, you may receive additional damages and compensation.

Back Wages

This is the actual amount your employer failed to pay you. It includes regular wages, overtime, commissions, tips, or any other compensation owed.

Back wages are calculated based on your pay rate multiplied by unpaid hours, plus any other compensation you should have received.

Liquidated Damages

In a court lawsuit, you can recover liquidated damages equal to 100% of your unpaid wages. This effectively doubles your recovery.

Example: Your employer owes you $10,000 in unpaid overtime. You can recover $10,000 in back wages plus $10,000 in liquidated damages, totaling $20,000.

Liquidated damages are compensation for the delay in receiving your wages and serve as a penalty to deter employers from violating wage laws.

Note: NYDOL claims typically don’t include liquidated damages, though some administrative cases may award them under specific circumstances.

Pre-Judgment Interest

The court adds interest to your unpaid wages from the date they were due until the date of judgment. New York’s statutory interest rate is 9% per year.

This compensates you for the time value of money you should have had.

Attorney Fees and Costs

If you win a court case, your employer must pay your attorney fees and court costs. This is in addition to your back wages and damages.

This “fee-shifting” provision allows attorneys to take unpaid wage cases on contingency, meaning you pay nothing unless you win. The employer pays both your recovery and your legal fees.

Civil Penalties

In some cases, NYDOL can assess civil penalties against your employer for repeated or willful violations. These penalties go to the state, not to you, but they increase pressure on employers to comply.

Retaliation Protections

New York law strictly prohibits employer retaliation for filing a wage claim or asserting your rights.

Illegal retaliation includes:

  • Firing you for filing a wage claim
  • Reducing your hours or pay
  • Demoting you or changing your job duties
  • Threatening to report you to immigration
  • Creating a hostile work environment
  • Blacklisting you with other employers

If your employer retaliates against you, that’s a separate violation. You can file a retaliation complaint with NYDOL or include retaliation claims in a lawsuit.

Retaliation damages can include:

  • Reinstatement to your job
  • Back pay for lost wages
  • Compensation for emotional distress
  • Punitive damages
  • Attorney fees

Don’t let fear of retaliation stop you from filing. The law protects you, and retaliation claims often result in significant additional compensation.

NYDOL vs Federal Department of Labor

Both New York Department of Labor and the federal Department of Labor (DOL) enforce wage and hour laws. Understanding the difference helps you choose where to file.

New York Department of Labor (NYDOL):

  • Enforces New York Labor Law
  • Covers all workers in New York
  • Higher minimum wage than federal
  • More generous overtime rules
  • Six-year statute of limitations in court
  • Often more worker-friendly

Federal Department of Labor:

  • Enforces Fair Labor Standards Act (FLSA)
  • Covers workers in interstate commerce
  • Federal minimum wage ($7.25/hour)
  • Standard overtime rules
  • Two-year statute (three if willful)
  • Nationwide jurisdiction

In most cases, New York law provides better protection than federal law. File with NYDOL to take advantage of New York’s stronger protections.

You can also file with both agencies simultaneously. They may coordinate their investigations, but each enforces separate laws.

For information on how New York overtime rules work, see New York Overtime Laws.

Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for recovering your New York unpaid wages.

NYDOL Administrative Process:

  • Week 1-2: File claim and receive confirmation
  • Week 2-4: NYDOL contacts employer and requests records
  • Month 2-4: Investigation and evidence review
  • Month 4-8: Conference or hearing scheduled
  • Month 6-12: Determination issued

Court Lawsuit Process:

  • Month 1: Consult attorney and file complaint
  • Month 1-3: Employer served and files response
  • Month 3-12: Discovery (exchanging evidence)
  • Month 12-18: Settlement negotiations or trial preparation
  • Month 18-24: Trial or settlement

These are general timelines. Complex cases with multiple employees, disputed hours, or appeals take longer. Simple cases with clear documentation may resolve faster.

Many employers settle once they realize the evidence is against them. Settlement can happen at any stage and often results in faster payment.

If Your Employer Closed or Filed Bankruptcy

Your right to unpaid wages doesn’t disappear if your employer closes or files for bankruptcy, but recovery becomes more complicated.

Employer Out of Business

If your employer closed permanently:

  • File your wage claim immediately
  • NYDOL can pursue personal assets of owners
  • Corporation owners may have personal liability
  • File a claim against any business insurance
  • Check if business assets were sold to another company

In New York, business owners can be held personally liable for unpaid wages under certain circumstances, especially for smaller businesses and LLCs.

Employer in Bankruptcy

If your employer filed bankruptcy:

  • Wages have priority status in bankruptcy
  • File a proof of claim with the bankruptcy court
  • Continue your NYDOL or court case
  • May recover from bankruptcy estate
  • Recovery often partial, not full amount

Wage claims receive priority over most other debts in bankruptcy, so you have a better chance of recovery than other creditors.

Act quickly. There are strict deadlines for filing claims in bankruptcy court, often 90 days from the bankruptcy filing.

When to Consult an Employment Attorney

While you can file a NYDOL claim on your own, certain situations benefit from legal advice.

Consider consulting an attorney if:

  • Your unpaid wages exceed $10,000
  • You worked more than three years ago
  • Your employer retaliated against you
  • You’re unsure whether you were properly classified
  • Your employer closed or filed bankruptcy
  • Multiple employees have the same issue
  • You want to recover liquidated damages
  • NYDOL denied your claim

Many employment attorneys offer free initial consultations. They review your situation and explain your options at no cost.

Most unpaid wage cases are taken on contingency, meaning the attorney only gets paid if you recover money. The attorney fee comes from the employer, not your recovery.

Your Next Steps

If your employer hasn’t paid you properly, take action now to protect your rights.

What to do today:

  1. Document everything – Write down hours, dates, and amounts owed
  2. Gather evidence – Collect pay stubs, time records, and communications
  3. Calculate what you’re owed – Estimate unpaid wages and overtime
  4. File your claim – Submit a claim to NYDOL or consult an attorney
  5. Don’t wait – The sooner you file, the stronger your case

New York unpaid wages laws exist to protect workers like you. Whether your employer made an honest mistake or intentionally withheld wages, you have the right to be paid for every hour you worked.

For comprehensive information on all wage and hour protections in New York, visit the New York Wages and Hours Hub.

Legal Disclaimer: This article provides general information about New York unpaid wages laws and should not be considered legal advice. Wage and hour laws are complex and fact-specific. For advice about your specific situation, consult a qualified employment attorney licensed in New York. Filing deadlines apply, and waiting too long may prevent you from recovering wages you’re owed.

References

  • New York Labor Law Article 6 (Payment of Wages)
  • New York Labor Law Section 198 (Wage and Hour Enforcement)
  • New York Wage Theft Prevention Act (Labor Law Section 195)
  • Fair Labor Standards Act (29 U.S.C. § 201)
  • New York Department of Labor Official Guidance
  • New York Codes, Rules and Regulations Title 12