How long do I have to file a wage claim?

It depends on the state and the cause of action. Federal FLSA claims have a 2-year SOL (3 if willful). State wage-claim deadlines vary widely — the table on this page lists 180 days for the Texas Payday Law and six years for New York Lab. Law § 198(3), with most states in between. Use the calculator rather than this range: it is the shortest windows that catch people out. EEOC discrimination charges run 180 days (300 in deferral states). NLRB unfair labor practice charges run 6 months.

Do state and federal deadlines run on the same clock?

No. State and federal claims have independent statutes of limitations. Filing one does not pause or extend the others. You can file with the state agency and the US DOL at the same time.

Does each missed paycheck have its own SOL?

Yes. The SOL runs paycheck-by-paycheck. Older underpayments may already be barred even if recent ones are still timely. If you have 18 months of underpayments, the FLSA recovery window is the most-recent 24 months (or 36 months if willful) — older ones are gone.

Wage claim guide

Time limits

Wage claim time limits, state and federal

State and federal SOLs run in parallel — and they run different clocks. Pick your state and enter the pay date that was missed to see each window that may apply and where it comes from.

StateDate wages were due (pay date that was missed)

Likely willful (extends FLSA SOL to 3 years)State has its own anti-discrimination agency (deferral state — extends EEOC to 300 days)

State wage claim — CA Lab. Code § 1194 (3 yr)

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

Federal FLSA wage claim (US DOL WH-31) — 2 yr

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

EEOC discrimination charge (Form 5) — 180 day

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

NLRB unfair labor practice (NLRB-501) — 6 months

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

Verify before you rely on this. SOLs vary by claim type, can be tolled by demand letters or administrative exhaustion, and some statutes apply different windows to different remedies. Treat this as a planning aid, not legal advice.

Next step

Open the official form for your state and start the filing.

California wage claim guide Browse all labor forms

File before the window closes

Official forms

Fill your wage claim

Pick your state form (DOL WH-31, state Labor Commission, EEOC Form 5) and our wizard fills it. Print, sign, file.

Browse labor forms

Wage claim guide

Time limits

Wage claim time limits, state and federal

State and federal SOLs run in parallel — and they run different clocks. Pick your state and enter the pay date that was missed to see each window that may apply and where it comes from.

StateDate wages were due (pay date that was missed)

Likely willful (extends FLSA SOL to 3 years)State has its own anti-discrimination agency (deferral state — extends EEOC to 300 days)

State wage claim — CA Lab. Code § 1194 (3 yr)

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

Federal FLSA wage claim (US DOL WH-31) — 2 yr

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

EEOC discrimination charge (Form 5) — 180 day

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

NLRB unfair labor practice (NLRB-501) — 6 months

Not yet reviewed by an attorney. SynthCounsel does not compute a date from this period.

Next step

Open the official form for your state and start the filing.

California wage claim guide Browse all labor forms

File before the window closes

Official forms

Fill your wage claim

Pick your state form (DOL WH-31, state Labor Commission, EEOC Form 5) and our wizard fills it. Print, sign, file.

Browse labor forms