Overview
Has your employer violated labor laws such as unpaid wages, illegal deductions, wage supplements, minimum wage, overtime pay, no meal period, etc? We at the New York State Department of Labor (NYSDOL) may be able to help. This page will walk you through the process of a labor standards complaint. You’ll learn about filing a claim, the investigation process, and possible outcomes.
Remember to always answer NYSDOL requests. This will prevent any delays regarding your claim.
Submit Claim
Determine Eligibility
Investigation
Results
Alternate Ways to Pursue a Claim
Submit a Claim
Have your Labor Laws been violated?
Your first step is to complete the Labor Standards Complaint Form (LS223). You can submit your complaint by:
Mail to the following address:
Division of Labor Standards
Harriman State Office Campus
Building 12, Room 185B
Albany, NY 12226
OR
File a Claim on this page: Unpaid/Withheld Wages and Wage Supplements
Eligibility
Are you eligible?
Our first step is to determine if we’re legally able to intervene. If the issue falls outside of our jurisdiction, we will direct you to the agency or organization that can help you.
Investigation
What's the investigation process?
You will be notified by mail if your claim has been accepted and assigned a case number (LS#). From there, an investigator will contact the employer. In some cases, the investigator will visit the place of employment to investigate the violation. Employers may be requested to attend a meeting to discuss the issues involved in the claim.
A Compliance Conference may be held. You and the employer will be invited to resolve any outstanding issues regarding the claim.
You will receive updates periodically by phone, email, or letter while the case is being actively investigated. You will also be notified once the investigation is concluded.
Results
What should you expect after an investigation?
When the investigation is completed, we will determine if a violation has occurred. The employer will need to resolve the violation, including repaying any wages owed. If the employer fails to repay these wages, they will receive an Order to Comply from the Commissioner of Labor.
Employers may petition for a formal hearing where they can dispute our findings, call witnesses, and present evidence to refute claims.
While we will do everything in our power to see you are awarded your owed wages, we cannot guarantee the Department will be able to collect.
Alternate Ways to Pursue a Claim
Are there other options?
You may pursue a claim in Small Claims Court. Small Claims Court (LS602) is an informal court where individuals can sue without a lawyer, for money only. You may sue for up to $3,000 in Town or Village Courts, and $5,000 in City Courts. If you are owed more than $5,000 you can sue in New York City Civil Court or in New York State Supreme Court if you live outside of New York City.
If you have questions about Small Claims Court, contact New York State Unified Court System at (800) 268-7869 or [email protected], or visit www.nycourts.gov.