RitezyNew York legal help
Ask for free

Work & wages · Situation

Employer didn't pay you in New York: how to get your unpaid wages back

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

New York requires employers to pay all wages on regular paydays and lets you recover unpaid wages plus, in most cases, an extra 100% as liquidated damages, interest and attorney's fees (Labor Law § 198 and § 663). You can file a free claim with the NYS Department of Labor or sue, including in small claims court. You generally have six years to go to court for state-law wage claims. Start by writing down the hours and pay you're missing, gather your pay stubs, and send a written demand.

Read on for the details, the exceptions and the sources.

In plain words

Wages
Everything you earned for your work, whether paid by the hour, salary, piece or commission.
Liquidated damages
A legal penalty added on top of the unpaid wages — in New York usually equal to the full unpaid amount, unless the employer proves it acted in good faith.
Wage theft
Not paying workers what they earned. The DOL notes it can be prosecuted as larceny.

What the law says, briefly

Article 6 of the Labor Law covers the payment of wages. Employers must pay on a regular schedule: manual workers weekly, and most other workers at least twice a month (§ 191). They can't take deductions except those the law allows (§ 193). The minimum wage for each hour you work is set by § 652, and Article 19 covers it.

If you go to court and win a wage claim, the court must award the full underpayment, reasonable attorney's fees, prejudgment interest and, unless the employer proves a good-faith basis for believing it complied, liquidated damages equal to 100% of the wages due (§ 198(1-a); for minimum wage, § 663(1)). A judgment left unpaid 90 days after it issues (or after the time to appeal runs out) automatically increases by 15% (§ 198(4), § 663(4)).

You can also file a complaint with the Commissioner of Labor, who can order the employer to pay the wages, liquidated damages, interest and civil penalties (§ 196-a, § 218). Federal law (the Fair Labor Standards Act) also protects the federal minimum wage and overtime, with a two-year time limit, or three years for willful violations (29 U.S.C. § 255).

What to check in your lease, contract or papers

  • Your hiring pay notice: your rate, overtime rate, regular payday and any tip or meal allowance (§ 195(1)).
  • Every pay stub: dates covered, hours, rates, gross pay, deductions and net pay (§ 195(3)).
  • Any offer letter, contract, commission agreement or bonus plan that promises pay.
  • The employee handbook or posted policy on vacation, holidays and sick leave (§ 195(5)).
  • Bank records showing when and how much you were actually paid.

What to document

  • Each day you worked: start time, end time and breaks — keep a simple daily log from now on.
  • Missing paychecks, short paychecks and late paychecks, with dates.
  • Texts or e-mails where the employer admits owing you or promises to pay later.
  • Names of coworkers who were treated the same way.
  • If you are paid in cash, a note of each payment with the date and amount.

What to do, step by step

  1. Add up what you're owed

    List each pay period, the hours worked, the rate you should have been paid and what you actually got. Include overtime for hours over 40 in a workweek if you are not exempt.

  2. Ask in writing

    Send a short message or letter listing the amounts and asking for payment by a specific date. Keep a copy. Complaining to your employer about unpaid wages is protected: § 215 bars retaliation.

  3. Choose the Department of Labor or court

    The DOL's Division of Labor Standards investigates claims for free (form LS223). Or you can sue — small claims court is designed for smaller amounts without a lawyer. If you file in court first, the DOL won't take the same claim.

  4. File within the time limits

    State-law wage claims generally must be brought in court within six years (§ 198(3), § 663(3)). The DOL says it won't accept claims for wages earned more than three years ago, so don't wait.

  5. Collect

    If the DOL issues an order or a court awards a judgment and the employer still doesn't pay, enforcement tools are available, including the automatic 15% increase after 90 days.

What not to do

  • Don't sign a paper saying you were paid in full if you weren't.
  • Don't agree to 'work for less' than the minimum wage — that agreement is no defense for the employer (§ 663(1)).
  • Don't take company property or money to 'even things out'; it can expose you to a claim against you.
  • Don't wait for the employer's promises to come true while the time limits run.
  • Don't file in court and with the DOL for the same wages at the same time.

When to send a demand letter

Send it as soon as a payday passes without full pay, or right after you leave if your final pay is missing. Keep it factual: the dates, hours, rate, the amount owed, a payment deadline (for example, 10 days) and a note that you will file with the Department of Labor or in court if not paid. Mentioning that New York law adds liquidated damages and attorney's fees often gets attention.

When to go to court

If the employer ignores your demand, you can either file with the DOL or sue. A lawsuit makes sense if the amount is clear and you have records; small claims court handles smaller amounts without a lawyer, and for bigger or group claims an employment lawyer may take the case because fees are recoverable if you win. The six-year limit is paused while a DOL complaint is pending (§ 198(3)).

What evidence to keep

  • Pay stubs and the hiring pay notice
  • Your daily log of hours
  • Bank statements showing deposits
  • Messages about pay with the employer
  • Your demand letter and proof it was sent

Frequently asked questions

I was paid off the books. Can I still claim my wages?

Yes. The NYS Department of Labor says its Division of Labor Standards protects all workers, including those who are undocumented or paid off the books. If the employer kept no records, it bears the burden of proving you were paid (§ 196-a).

How far back can I claim unpaid wages in New York?

Up to six years in court under Labor Law § 198(3) and § 663(3). The Department of Labor's own claim process doesn't accept wages owed more than three years ago.

Is not paying wages a crime in New York?

It can be. The Department of Labor notes that since September 2023 wage theft is larceny under Penal Law § 155, and failure to pay wages may be referred to a district attorney.

Want your own situation checked?

This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.

Check my situation — free

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

Related questions

Related guides

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.