Who this helps: Any NYC worker who wasn’t paid for hours worked, was paid below minimum wage, had tips skimmed, got stiffed on a promised bonus or vacation payout, or — for freelancers — never got paid on an invoice. You do not need to be a citizen, you do not need a lawyer, and it does not cost a dollar to file.
Wage theft is one of the most common — and most under-reported — crimes in New York. It happens when an employer doesn’t pay you what you legally earned: working off the clock, being paid less than minimum wage, having overtime ignored, losing tips, or being denied a bonus or vacation pay you were promised. In New York, this isn’t just a paperwork dispute. Under state law, wage theft is treated as larceny, and the agencies that handle it can recover your money plus damages without you ever setting foot in a courtroom. Here’s exactly how to get paid what you’re owed.
The main route: file a claim with the NYS Department of Labor
The New York State Department of Labor (NYSDOL) investigates and collects unpaid wages for workers, and the process is free. According to the NYSDOL, you can file a claim if your employer did any of the following: didn’t pay you for all hours worked (including on-the-job training); paid you with a check that bounced; didn’t give you all your tips; lowered your rate of pay without notice; paid you less than the minimum wage; or failed to pay overtime — generally time-and-a-half for hours over 40 in a week. You can also claim promised-but-unpaid vacation pay, holiday pay, and bonuses.
How to file: Complete the Labor Standards Complaint Form (LS223), available at dol.ny.gov. Submit it through the department’s secure online upload, or mail it to: NYS DOL, Division of Labor Standards, Harriman State Office Campus, Building 12, Room 185B, Albany, NY 12226. Include supporting documents if you have them — pay stubs, time records, copies of bounced checks, or a written policy — but send copies, never originals. If you need help completing the complaint, the Department of Labor’s assistance line is 888-525-2267.
What you can recover: If the investigation finds violations, the department can order the employer to pay the unpaid wages, and New York law allows for liquidated damages on top of that. As part of recent state enforcement changes, NYSDOL’s FY2025–26 budget expanded the department’s power to place liens on an employer’s property, issue warrants, seize financial assets, and issue stop-work orders to collect on wage-theft judgments — real teeth that make claims more collectible than they used to be.
Important limits: The Department of Labor will not take your claim if you’ve already filed an action for the same wages in small claims or civil court, if you were genuinely self-employed or a true independent contractor, if the wages are owed by a government agency, or if more than three years have passed since you earned them. So choose one path — the DOL claim or court — not both for the same wages.
The freelancer route: the Freelance Isn’t Free Act
If you’re an independent contractor in NYC who did the work but never got paid, you have a separate, powerful tool: the city’s Freelance Isn’t Free Act, enforced by the NYC Department of Consumer and Worker Protection (DCWP). The law requires a written contract for freelance work valued at $800 or more (counting all work from one client over 120 days), requires payment by the date in the contract or within 30 days if no date is set, and protects you from retaliation.
How to file: Submit a complaint to DCWP through its online worker-complaint portal at the city’s DCWP site, or call 311 and ask for “Freelance Workers.” After you file, DCWP sends your complaint to the hiring party, who must respond within 20 days. If they don’t respond, that failure can work in your favor if the matter goes to court — and the law allows freelancers to recover double damages plus attorney’s fees in a successful court case.
How to take action
1. Document everything now. Before you file, gather what you can: hours worked (a calendar or notes count), pay stubs, your rate of pay, any text or email where the work or pay was discussed, and for freelancers, the contract and unpaid invoices. The stronger your records, the faster a claim moves.
2. Pick the right agency. Employee with unpaid wages, minimum-wage, overtime, or tip issues → NYS Department of Labor (LS223 form, dol.ny.gov, 888-525-2267). Freelancer or independent contractor not paid on a project → NYC DCWP under the Freelance Isn’t Free Act (file online or call 311).
3. Mind the clock. File sooner rather than later. The Department of Labor generally won’t accept claims older than three years through its process, though New York’s wage laws carry a longer statute of limitations in court. If you’re near a deadline, get advice quickly.
4. Get free legal help if you need it. Free, confidential help for low-wage workers is available from nonprofit legal organizations across the city. You can also call 311 and ask for worker rights resources, or start at the NYC DCWP workers’ rights pages.
5. Know you’re protected from retaliation. It is illegal in New York for an employer to fire, demote, cut hours, or otherwise punish you for filing a wage claim or asserting your rights. If that happens, it becomes a separate violation you can report.
Wage theft works because workers assume there’s nothing they can do. In New York, there is — and the process is free, available regardless of immigration status, and backed by real collection power. The money is yours. The forms above are how you get it back.
This is general information, not legal advice. Wage and labor rules can be fact-specific — contact an attorney or a free legal-aid organization for guidance on your particular situation.
