Where to file a wage claim, by state.
Updated 2026-05-02 · 12 min read
Most wage-and-hour disputes never reach a courtroom. They’re filed with a state Labor Commission, which has subpoena power, can issue citations, and (in many states) can stack liquidated damages and attorney fees on top of the unpaid wages. The catch: every state files differently, and the statute of limitations can vary by 5x.
Federal first
Before the state Labor Commission, you have four federal options depending on the harm:
- US DOL Wage & Hour Division (form WH-31) — FLSA minimum wage, overtime, child labor. SOL: 2 years; 3 years if willful.
- EEOC (form Charge of Discrimination) — Title VII, ADEA, ADA, GINA. SOL: 180 days (300 days in deferral states).
- NLRB (form NLRB-501) — unfair labor practices, retaliation for concerted activity. SOL: 6 months from the act.
- OSHA (form OSHA-7) — workplace safety. Whistleblower retaliation gets its own channel: SOL ranges 30 days to 180 days depending on statute.
State by state
Below is the canonical wage-claim or discrimination intake form for the 21 most-active states. Each links to the form’s detail page on SynthCounsel — the .gov source URL is on every form page, re-verified nightly.
| State | Form | SOL |
|---|---|---|
California Division of Labor Standards Enforcement (DLSE) | DLSE Form 1 → Covers minimum wage, overtime, meal/rest break premiums, and final-pay penalties under Lab. Code § 203. | 3 years (Lab. Code § 1194) |
Texas Texas Workforce Commission (TWC) Labor Law Section | Wage Claim Form → TWC has narrow jurisdiction — FLSA wage claims route to US DOL. Final paycheck deadline: 6 days after termination. | 180 days from when wages were due (Texas Payday Law) |
New York NYS Department of Labor | LS 223 Claim for Unpaid Wages → NY Labor Law allows recovery of liquidated damages = 100% of wages owed for willful violations. | 6 years (NY Labor Law § 196) |
Florida Florida Commission on Human Relations | Employment Inquiry Questionnaire → Florida has no state minimum-wage enforcement agency for unpaid wages — most claims route to US DOL or private suit. | 365 days for FCRA discrimination charges |
Utah Utah Labor Commission, Wage Claim Unit | Wage Claim Assignment → UALD also handles employment discrimination intakes (separate form). | 2 years (Utah Code § 34-28-9) |
Arizona Industrial Commission of Arizona Labor Department | Wage Claim Form → AZ statutory penalty up to 3x the unpaid wages on willful nonpayment (A.R.S. § 23-355). | 1 year for state wage claim; 2 years FLSA (3 if willful) |
Colorado CDLE Direct Investigations Unit | Wage Complaint Form → Colorado allows recovery of attorney fees + 125% penalty for willful violations. | 3 years (CO Wage Act); 2 yr / 3 yr FLSA |
Illinois Illinois Department of Labor | Wage Claim Application → IWPCA gives private right of action with 5% per month penalty + attorney fees. | 1 year IDOL administrative; 10 years private suit |
Washington WA Department of Labor & Industries | F700-148-000 → L&I can issue citation + assess double damages for willful violations. | 3 years |
Oregon Bureau of Labor and Industries (BOLI) | Wage Claim Form → Oregon final-pay deadline: end of next business day after termination. Civil penalty up to 8 hrs wages per day. | 2 years (6 if contract) |
Pennsylvania PA Bureau of Labor Law Compliance | LLC-118 → WPCL allows 25% liquidated damages + attorney fees on unpaid wages. | 3 years |
New Jersey NJ Wage and Hour Compliance | MW-31A Wage Collection Claim → NJ now permits 200% liquidated damages and criminal liability for willful wage theft. | 6 years (NJ Wage Theft Act expanded SOL in 2019) |
Massachusetts AGO Fair Labor Division | Wage Complaint Form → Mandatory triple damages + attorney fees on any wage-act violation (Lambert v. Fleet Bank). | 3 years |
Michigan MI Wage and Hour Division (LEO) | WHD-9101 → Final paycheck due on regular payday following termination. | 3 years |
North Carolina NC DOL Wage and Hour Bureau | WH-1 → NC law requires wages on regular payday, including PTO upon termination if employer policy promises it. | 2 years |
Georgia GA Department of Labor | Wage Claim Inquiry → Georgia DOL does not enforce wage-and-hour laws — most claims route to US DOL or private suit. | GA DOL has limited authority |
Ohio OH Bureau of Wage and Hour Administration | Wage Complaint Form → Ohio prevailing-wage complaints handled by same office. | 2 years (3 yr FLSA) |
Minnesota MN DLI Wage and Hour Division | Wage Theft Complaint → MN Wage Theft Act (2019) added criminal liability + earnings statement requirements. | 3 years |
Wisconsin WI Equal Rights Division | ERD-10609 → WI requires final paycheck by next regular payday. | 2 years |
Nevada Office of the Labor Commissioner | Claim for Wages → NV statutory penalty: continuation of wages up to 30 days for willful nonpayment after demand. | 2 years |
Virginia VA Department of Labor and Industry | Payment of Wage Complaint → VA Wage Payment Act amended 2020 — treble damages + attorney fees + criminal penalties for willful violations. | 3 years (5 if willful, criminal) |
Three traps that sink wage-claim cases
- Filing in the wrong forum. Some states have no state-level wage-claim agency (Georgia, much of Florida) — the only path is US DOL or private suit. Pick the wrong forum and the SOL keeps running on the right one.
- Treating the SOL as one number. State and federal SOLs run in parallel. NY allows 6 years on state Labor Law claims; FLSA gives you 2 (or 3 if willful). File state-only and you may forfeit the federal claim.
- Skipping the right-to-sue letter. Discrimination claims (Title VII, FEHA, NYSHRL) generally require a charge with the agency before you can file in court. The 90-day clock to sue starts when the right-to-sue letter issues.
How SynthCounsel helps
We host the canonical .gov form for every entry above, hash the source PDF nightly so we know if the agency revised it, and auto-fill the labor matter from the client’s intake. Free to preview; $9 per filled form, or unlimited on the Pro / Firm tiers.