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How to file a wage claim with the New York State Department of Labor

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

In short

To claim unpaid wages, overtime, minimum wage, illegal deductions, unpaid promised vacation or holiday pay, missing pay stubs or a missed meal period, fill out the Labor Standards Complaint form (LS223) and submit it to the NYS Department of Labor's Division of Labor Standards online or by mail (questions: 888-525-2267). The DOL's claim pages mention no filing fee. It accepts claims for wages owed within the last three years, from workers in New York, including undocumented and off-the-books workers. The DOL investigates and can order the employer to pay the wages, 100% liquidated damages, interest and penalties.

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

In plain words

Division of Labor Standards
The part of the NYS Department of Labor that investigates wage, hour, meal period and retaliation complaints.
Order to comply
A written order from the Commissioner of Labor directing the employer to pay what the DOL found is owed, plus damages and penalties.
Industrial Board of Appeals
The state board where a party can challenge an order of the Commissioner of Labor, within 60 days.

Where to go

The NYS Department of Labor, Division of Labor Standards. Submit form LS223 (and its instructions, LS223.2) through the upload link on the DOL's 'Unpaid/Withheld Wages and Wage Supplements' page, or mail it to: NYS DOL Division of Labor Standards, Harriman State Office Campus, Building 12, Room 185B, Albany, NY 12226. For help call 888-525-2267; district offices serve New York City (Brooklyn), Garden City, White Plains, Albany, Rochester and other regions. Farmworkers use form LS710. If someone (such as a lawyer or worker center) represents you, include form LS11.

Labor Law § 196-a gives any employee, or a person or organization acting on the employee's behalf, the right to file a complaint with the Commissioner of Labor. Other options: you can sue instead (small claims court for smaller amounts), complain to the New York Attorney General, which also investigates wage complaints, or, for federal minimum wage and overtime, complain to the U.S. Department of Labor's Wage and Hour Division.

What documents you need

  • The completed LS223 form
  • Pay stubs and your hiring pay notice, if you have them
  • Your own record of dates and hours worked — if the employer kept no records, it has to prove you were paid (§ 196-a)
  • The employer's legal name, any trade name, address and phone, and the names of owners or managers
  • Any written promise of vacation, holiday pay or bonus, and any written policy
  • Bank records, texts or e-mails about pay

Fees and costs

The DOL's claim pages and form instructions mention no filing fee, and you don't need a lawyer to file. If you choose court instead, there are court filing fees; in a court wage case you win, the Labor Law lets you recover reasonable attorney's fees and costs from the employer (§ 198(1-a), § 663(1)).

Deadlines

The DOL won't accept claims for wages or supplements earned more than three years ago, and for a wage supplement (such as vacation pay) you have to wait until 30 days have passed since it became due. In court, the limit for state wage claims is generally six years (§ 198(3), § 663(3)), and that time is paused from the day you file with the Commissioner until the DOL's order becomes final or it tells you the investigation is over. Retaliation complaints under § 215 must be brought in court within two years. Federal FLSA claims: two years, three if willful (29 U.S.C. § 255).

Step by step

  1. Check that the DOL can take your claim

    The DOL won't accept a claim if you worked outside New York, already filed in small claims or civil court, are claiming sales commissions, worked for a government agency, were truly an independent contractor, are claiming wages over three years old, are covered by a union grievance procedure for this issue, or were an executive, administrative or professional employee earning over $1,300 a week. Claims about public work aren't handled through this form either.

  2. Add up what you're owed

    List each pay period with hours worked, the rate owed and the amount paid. Include overtime, illegal deductions, unpaid tips, and promised vacation or holiday pay.

  3. Fill out form LS223

    Answer every question you can. You can also report non-wage violations on it: no meal period, no day of rest, no pay stub, no notice of pay rate, late wages, or retaliation for a Labor Law complaint.

  4. Submit it

    Upload it through the DOL's online link or mail it to the Albany address. Keep a copy and proof of the date you sent it.

  5. Respond to the investigator

    Answer calls and letters, send any documents requested, and tell the DOL about any new problems, such as retaliation.

What happens next

The DOL investigates and keeps the names of employees under investigation confidential until disclosure is needed to resolve it (§ 196-a). If it finds a violation, the Commissioner issues an order to comply directing payment of the wages found due, liquidated damages of 100% of the unpaid wages, interest, and — for repeat, willful or egregious violators — a civil penalty of up to double the wages due (§ 218(1)). The employer can ask the Industrial Board of Appeals to review the order within 60 days (§ 101).

If the employer still doesn't pay once the order is final, the DOL can file it with the county clerk, where it acts like a court judgment, and can issue warrants to seize property; at your request it can assign the wage part of the order to you so you can enforce it yourself (§ 218(3)). The DOL notes that wage theft can be referred to a district attorney for prosecution.

Frequently asked questions

Will my employer find out I filed?

Usually, at some point — the employer has to respond. But Labor Law § 196-a requires the DOL to keep the names of employees under investigation confidential until disclosure is needed, and § 215 makes retaliation for filing illegal.

Can I file if I'm undocumented?

Yes. The Division of Labor Standards says it protects all workers, including undocumented workers and those paid off the books, and retaliation includes threatening to report your immigration status (§ 215).

Can I file with the DOL and also go to small claims court?

Not for the same wages. The DOL won't accept a claim if you've already filed an action to recover those wages in small claims or civil court. Pick one path.

Can the DOL help with unpaid commissions?

The DOL lists claims for sales commissions among the claims it won't accept, so commission disputes generally go to court.

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Official sources

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

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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.