Question 1

Can I file a wage claim in New York?

Accepted Answer

Yes — every state has a labor commission or equivalent agency that accepts wage claims. New York workers file with the NYS Department of Labor using LS 223 Claim for Unpaid Wages. SOL is 6 years (NY Labor Law § 196).

Question 2

Can I file a parallel federal wage claim?

Accepted Answer

Yes. The federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 201 et seq.) gives you a 2-year SOL (3 if willful) for unpaid wages, overtime, and minimum wage. You can file with the US Department of Labor (Form WH-31) AND your state agency in parallel — they don't preclude each other.

Question 3

What about discrimination — do I file with EEOC?

Accepted Answer

Yes. Discrimination based on race, color, religion, sex, national origin, age (40+), disability, or genetic information goes to the EEOC. SynthCounsel's EEOC charge wizard pre-fills Form 5. New York is a deferral state if it has a parallel state FEP agency, in which case you have 300 days from the alleged discriminatory act; 180 days otherwise.

Question 4

What about my retirement plan or health insurance?

Accepted Answer

ERISA § 104(b)(4) and § 502(c)(1) give you a private right of action for plan-document requests and unpaid plan benefits. Use the ERISA plan-document request wizard to demand documents — the plan administrator has 30 days, after which you can sue for up to $110/day in penalties.

Free labor wizards in New York

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New York labor & employment tools

Free labor wizards in New York

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