New York · Unpaid wages · Updated Oct 2026

New York wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is New York’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$16.00minimum wage in 2026
$10.70tipped cash wage
Nodaily overtime
Next paydayfinal pay if fired
3 yearstime limit to file (see details)

Where to file in New York

Wage claims in New York go to this state office. Filing is usually free.

Office
New York State Department of Labor (NYSDOL), Division of Labor Standards
Phone
888-525-2267
Languages
Complaint form LS223 in Spanish and many other languages (Albanian, Arabic, Bengali, Chinese, French, Greek, Haitian-Creole, Hindi and more); tipped-worker fact sheet in Spanish
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in New York

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with New York State Department of Labor

    You file a claim with the NYSDOL Division of Labor Standards on the Labor Standards Complaint Form (LS223). You can submit it online, upload it, or mail it to NYS DOL, Division of Labor Standards, Harriman State Office Campus, Building 12, Room 185B, Albany, NY 12226. Farm workers use form LS710. Labor Standards investigates and tries to collect unpaid wages, illegal deductions, stolen tips, minimum wage and overtime, and promised benefits such as vacation pay. Filing is free. For help, call 888-525-2267.

  4. Watch the deadline

    NYSDOL will not accept claims for wages earned more than 3 years before you file (NYSDOL Unpaid Wages page). In court, you have 6 years to sue for unpaid wages, minimum wage or overtime (N.Y. Labor Law §§ 198(3), 663(3)); the time stops running while NYSDOL investigates your complaint.

Minimum wage and overtime in New York

Since January 1, 2026, the minimum wage is $17.00 an hour in New York City, Long Island and Westchester County, and $16.00 an hour in the rest of the state. On January 1, 2027, these rates stay the same, because an 'off-ramp' in the law stopped the inflation increase. Home care aides get more: $20.00 (NYC, Long Island, Westchester) and $19.00 (rest of state) from January 1, 2027. Some industries have their own rates; use NYSDOL's Minimum Wage Lookup Tool.

Minimum wage (2026)
$16.00
Tipped cash wage
$10.70
Next change
No change on January 1, 2027 (stays $17.00 / $16.00); home care aides rise to $20.00 / $19.00

Overtime

Most workers get 1.5 times their regular pay for hours over 40 in a week. Live-in (residential) workers get overtime after 44 hours. Farm workers get overtime after 52 hours a week since January 1, 2026 (dropping to 48 in 2028 and to 40 by 2032), and for any hours on their day of rest. New York has no general daily overtime (NYSDOL Wages and Hours FAQ).

Paydays: Manual workers (most hands-on workers) must be paid weekly, within 7 days after the end of the week, unless the employer has special permission. Clerical and other workers must be paid at least twice a month (N.Y. Labor Law § 191(1)).

Your final paycheck in New York

If you are fired or laid off
By the next regular payday for the pay period in which your job ended. You can ask for it by mail.
If you quit
Same rule: by the next regular payday for that pay period.
Law
N.Y. Labor Law § 191(3)

When was your final paycheck due in New York?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If you win a wage claim in court, you get the unpaid wages, attorney's fees, interest, and liquidated damages equal to 100% of the unpaid wages, unless the employer proves good faith. Damages can be up to 300% for willful violations of § 194 (N.Y. Labor Law §§ 198(1-a), 663(1)). Not getting the required pay notice or pay stubs can add up to $5,000 each (§ 198(1-b), (1-d)). Since 2025, if a manual worker is paid late but at least twice a month, a first violation earns lost interest, not full liquidated damages (§ 198(1-a)). Wage theft can also be prosecuted as larceny (NYSDOL Labor Standards page).

Retaliation and immigration status

Your employer may not fire, threaten or punish you for complaining about a labor law violation, giving information to NYSDOL or the Attorney General, or testifying. This includes threatening to report you or your family to immigration authorities (N.Y. Labor Law § 215).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

NYSDOL says its Division of Labor Standards protects all workers, including those who are undocumented or paid off the books (NYSDOL Labor Standards page).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not deduct from your pay except as the law allows or for your own benefit with your voluntary written permission (N.Y. Labor Law § 193). Employers may not take or keep any part of your tips; waiters may share tips with busboys and similar workers (§ 196-d). Only hospitality employers may take a tip credit. Food service workers' cash wage must be at least $11.35 (NYC, Long Island, Westchester) or $10.70 (rest of state), and no tip credit is allowed on days you spend more than 2 hours or 20% of your shift on non-tipped work (NYSDOL Tipped Workers page).

Good to know in New York

  • Since September 2023, wage theft is larceny under New York Penal Law § 155, and NYSDOL can refer cases to a District Attorney (NYSDOL Labor Standards page).
  • NYSDOL does not take claims for sales commissions, wages from a government employer, or exempt executive/administrative/professional workers earning over $1,300 a week (NYSDOL Unpaid Wages page).
  • A promised wage supplement (vacation, holiday pay, bonus) can be claimed only after it has been unpaid for 30 days (NYSDOL Unpaid Wages page).

Forms

Wage-theft calculator for New York

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

New York overtime rule: Most workers get 1.5 times their regular pay for hours over 40 in a week. Live-in (residential) workers get overtime after 44 hours. Farm workers get overtime after 52 hours a week since January 1, 2026 (dropping to 48 in 2028 and to 40 by 2032), and for any hours on their day of rest. New York has no general daily overtime (NYSDOL Wages and Hours FAQ).

Penalties your employer may also owe in New York: If you win a wage claim in court, you get the unpaid wages, attorney's fees, interest, and liquidated damages equal to 100% of the unpaid wages, unless the employer proves good faith. Damages can be up to 300% for willful violations of § 194 (N.Y. Labor Law §§ 198(1-a), 663(1)). Not getting the required pay notice or pay stubs can add up to $5,000 each (§ 198(1-b), (1-d)). Since 2025, if a manual worker is paid late but at least twice a month, a first violation earns lost interest, not full liquidated damages (§ 198(1-a)). Wage theft can also be prosecuted as larceny (NYSDOL Labor Standards page).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and New York’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in New York

Where do I file a wage claim in New York?

With New York State Department of Labor (NYSDOL), Division of Labor Standards. Phone: 888-525-2267. You file a claim with the NYSDOL Division of Labor Standards on the Labor Standards Complaint Form (LS223). You can submit it online, upload it, or mail it to NYS DOL, Division of Labor Standards, Harriman State Office Campus, Building 12, Room 185B, Albany, NY 12226. Farm workers use form LS710. Labor Standards investigates and tries to collect unpaid wages, illegal deductions, stolen tips, minimum wage and overtime, and promised benefits such as vacation pay. Filing is free. For help, call 888-525-2267.

What is the minimum wage in New York in 2026?

Since January 1, 2026, the minimum wage is $17.00 an hour in New York City, Long Island and Westchester County, and $16.00 an hour in the rest of the state. On January 1, 2027, these rates stay the same, because an 'off-ramp' in the law stopped the inflation increase. Home care aides get more: $20.00 (NYC, Long Island, Westchester) and $19.00 (rest of state) from January 1, 2027. Some industries have their own rates; use NYSDOL's Minimum Wage Lookup Tool.

Does New York have daily overtime?

Most workers get 1.5 times their regular pay for hours over 40 in a week. Live-in (residential) workers get overtime after 44 hours. Farm workers get overtime after 52 hours a week since January 1, 2026 (dropping to 48 in 2028 and to 40 by 2032), and for any hours on their day of rest. New York has no general daily overtime (NYSDOL Wages and Hours FAQ).

When is my final paycheck due in New York if I'm fired?

By the next regular payday for the pay period in which your job ended. You can ask for it by mail.

When is my final paycheck due in New York if I quit?

Same rule: by the next regular payday for that pay period.

How long do I have to file a wage claim in New York?

NYSDOL will not accept claims for wages earned more than 3 years before you file (NYSDOL Unpaid Wages page). In court, you have 6 years to sue for unpaid wages, minimum wage or overtime (N.Y. Labor Law §§ 198(3), 663(3)); the time stops running while NYSDOL investigates your complaint.

What can my employer owe besides my wages in New York?

If you win a wage claim in court, you get the unpaid wages, attorney's fees, interest, and liquidated damages equal to 100% of the unpaid wages, unless the employer proves good faith. Damages can be up to 300% for willful violations of § 194 (N.Y. Labor Law §§ 198(1-a), 663(1)). Not getting the required pay notice or pay stubs can add up to $5,000 each (§ 198(1-b), (1-d)). Since 2025, if a manual worker is paid late but at least twice a month, a first violation earns lost interest, not full liquidated damages (§ 198(1-a)). Wage theft can also be prosecuted as larceny (NYSDOL Labor Standards page).

Can my employer fire me for filing a wage claim in New York?

Your employer may not fire, threaten or punish you for complaining about a labor law violation, giving information to NYSDOL or the Attorney General, or testifying. This includes threatening to report you or your family to immigration authorities (N.Y. Labor Law § 215).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in New York
Sources

Last checked: Oct 2026.

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