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 Labor Commission deadlines vary from 1 year (Texas) to 6 years (New York). 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

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When does your wage claim expire?

State and federal SOLs run in parallel — and they run different clocks. Pick your state, enter the pay date that was missed, and we’ll surface every filing deadline in one shot.

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)

2029-05-02

1095 days remaining

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

2028-05-02

730 days remaining

EEOC discrimination charge (Form 5) — deferral state, 300 day

2027-02-27

300 days remaining

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

2026-10-30

180 days remaining

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

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Pick a path. The wage-claim form is one-and-done; Case Pass covers the full lifecycle if you anticipate motions, demand letters, or follow-up filings.

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Fill your wage claim — $9.99

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

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Unlimited forms + court documents + deadline tracking + 200 AI msgs/day for one wage claim, 12 months.

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