Filing a Claim for Unpaid Wages

If You’ve Worked and Haven’t Been Paid, You Have Every Right to Be Angry

When you work hard, day in and day out, you deserve to get paid in return. If your employer failed to pay you full wages, tips, overtime, or bonuses, that isn’t just unfair, it’s illegal. Knowing your paycheck was short-lived or never came is deeply frustrating, and often financially destabilizing. That frustration is real, and it’s valid.

At Horn Wright, LLP, our employment law attorneys help workers who haven’t been compensated for hours worked. Whether you missed out on straight pay, overtime, spread-of-hours pay, or earned benefits, the law in New York supports your right to recovery. You shouldn’t worry about bills or feel powerless because someone withheld what you earned.

The pay you earn covers more than your time, it covers your livelihood. It pays your rent, your groceries, your family. Missing that pay can push you into impossible decisions. Claiming what’s yours is not about being adversarial, it’s about being responsible to your own needs.

If your wages were withheld, you have every legal tool on your side. Strengthening your case starts with understanding how to file and what you can recover.

How to Start an Unpaid Wage Claim in New York

In New York, unpaid wage claims are governed by New York Labor Law Articles 6 and 19. Those laws cover the minimum wage, overtime, wage statement requirements, and payment of wages. To start a claim, collect your pay stubs, time sheets, and any agreement or employment record that specifies wages.

First, you may send a written demand to your employer. If that doesn’t work, you can file a wage claim with the New York State Department of Labor (NYSDOL). That agency will investigate the claim, request employer records, and may require back wages and penalties if violations are found.

Alternatively, you can file a lawsuit directly in state court under Articles 6 and 19. A court action allows you to pursue unpaid wages, liquidated damages (typically 100% of unpaid wages), and attorney’s fees. The choice between administrative and court action depends on timing, employer cooperation, and relief you need.

Either method sets wheels in motion legally. Your claim should include documentation such as hours worked, pay rates, and evidence of underpayment. The goal is clarity, clear records, clear demand, clear legal pressure.

What Types of Wages You Can Recover

Wrongful withholding can come in different forms. That includes straight hourly pay for time worked, overtime at time-and-a-half, and spread-of-hours pay (extra for workdays over ten hours). Under NYLL § 650, spread-of-hours penalties apply unless the employer provides a proper spread-of-hours meal credit.

Tips may also be recoverable, employers cannot withhold or keep your earned tips without clear, lawful tip pool arrangements. Missed expenses or reimbursements promised under contract may also count, depending on your employer’s policy. Document any unpaid item that your employer promised.

If your employer misclassified you as exempt or paid you a salary that masked overtime violation, you have recourse. You may recover unpaid overtime, penalties, and damages New York law, which are strictly enforced to protect nonexempt workers.

Where to File: NY Department of Labor or Court

Filing with NYSDOL is often the first step in New York wage claims. The agency reviews your documents, requests wage records from the employer, and can issue a ruling requiring payment of owed wages plus penalties under NYLL § 198.

If you pursue a lawsuit in New York State Supreme Court, you have broader options. Court actions allow you to seek liquidated damages, typically the same amount as unpaid wages—and recover interest and attorney’s fees. Court-litigated cases may yield higher total recovery.

Choosing between administrative filing and court filing depends on factors like dollar amount, timeline, and employer cooperation. With NYSDOL, the process can be faster but delivers a limited set of remedies. Court offers full penalties and durability, but requires more preparation.

Either path may be pursued, some workers file an NYSDOL claim first, then follow with court action if the employer disputes or ignores resolution.

What Deadlines Apply to Wage Claims in New York

Under New York wage statutes, you generally have six years from the date the wages were due to file a claim. That includes NYLL Articles 6 and 19, and is significantly more generous than many other states.

By comparison, New Hampshire typically allows just three years for unpaid wage claims, half the New York filing window. That means you have more time to gather records, consult counsel, and prepare a strategy in New York without losing your rights.

It’s important to act before you reach the deadline. If claims are packaged together, for example, multiple underpayments over several pay periods, the oldest weeks may expire before more recent ones. File promptly to preserve all amounts you’re owed.

Also note: if your employer retaliates after the filing, patience matters. Retaliation creates a separate legal claim. That may fall under anti-retaliation protections in NYLL § 215, which you can pursue alongside your wage recovery.

What to Do If Your Employer Threatens You After Filing

If you file a wage claim and your employer retaliates, by punishing you, disciplining you, or terminating, you may have a separate legal claim under New York Labor Law, which prohibits retaliation for filing wage-related complaints.

You should document any threats, demotions, or supervisory hostility. Keep emails, take notes about conversations, and preserve dates and names. That record strengthens an anti-retaliation claim.

You may file a retaliation claim with NYSDOL or in court as part of your wage lawsuit. Courts may award additional damages and penalties if retaliation is proven. Retaliation claims encourage employers to resolve wage disputes rather than escalate.

Don’t ignore threats. Document and address them legally. The law protects you for asserting your pay rights.

New York vs. New Hampshire: New York Gives You More Time to File Wage Claims (6 years vs. 3)

New York offers up to six years to file unpaid wage claims, which helps employees who didn't realize pay was missing or miscounted until well after the fact. That timeframe helps ensure complete recovery.

New Hampshire offers only three years to file, which makes delay riskier. If you realize you’re underpaid three or four years later, you may already be barred from legal remedy there.

That difference makes New York more forgiving for claims involving partial pay or recurring underpayment. Employees have time to gather pay stubs, review schedules, and consult legal counsel without deadline anxiety.

Longer deadlines mean broader access to justice. That’s critical when underpayments add up slowly or go unrecognized for months.

Horn Wright, LLP, Will Help You File Your Claim the Right Way

You worked hard. If you didn’t get paid what you earned, you deserve legal redress. At Horn Wright, LLP, our employment law attorneys guide New York workers through filing wage claims, including identifying unpaid hours, calculating owed amounts, and filing with NYSDOL or in court.

We will help you collect records, secure testimony, and enforce penalties under NYLL, and applicable federal overtime laws. Your claim will include unpaid wages, liquidated damages, attorney’s fees, and statutory penalties.

Work with a legal firm known for securing unpaid wage recoveries in New York. You deserve full payment, and the legal tools to make it happen.