The Labor Standards Complaint Process

Has your employer violated labor laws such as unpaid wages, illegal deductions, wage supplements, minimum wage, overtime pay, no meal period, etc? We at the New York State Department of Labor (NYSDOL) may be able to help. This page will walk you through the process of a labor standards complaint. You’ll learn about filing a claim, the investigation process, and possible outcomes.

Remember to always answer NYSDOL requests. This will prevent any delays regarding your claim.

Your first step is to complete the Labor Standards Complaint Form (LS223). You can submit your complaint by:

Mail to the following address:

Division of Labor Standards 
Harriman State Office Campus 
Building 12, Room 185B 
Albany, NY 12226

OR

File a Claim on this page: Unpaid/Withheld Wages and Wage Supplements

Our first step is to determine if we’re legally able to intervene. If the issue falls outside of our jurisdiction, we will direct you to the agency or organization that can help you.

You will be notified by mail if your claim has been accepted and assigned a case number (LS#). From there, an investigator will contact the employer. In some cases, the investigator will visit the place of employment to investigate the violation. Employers may be requested to attend a meeting to discuss the issues involved in the claim.

A Compliance Conference may be held. You and the employer will be invited to resolve any outstanding issues regarding the claim.

You will receive updates periodically by phone, email, or letter while the case is being actively investigated. You will also be notified once the investigation is concluded.

When the investigation is completed, we will determine if a violation has occurred. The employer will need to resolve the violation, including repaying any wages owed. If the employer fails to repay these wages, they will receive an Order to Comply from the Commissioner of Labor.

Employers may petition for a formal hearing where they can dispute our findings, call witnesses, and present evidence to refute claims.

As part of Governor Hochul’s ongoing efforts to protect the paychecks of New Yorkers, her Fiscal Year 2025-2026 Enacted Budget expanded NYSDOL’s authority to place liens on employers’ properties, issue warrants, and seize financial assets for to enforce unpaid wage theft orders, and issue stop work orders following a judgement. These new enforcement strategies, coupled with updated procedures including the use of mediations, levies, subpoenas, and establishing strict deadlines, contributed to the wage recovery milestone.

While we will do everything in our power to see you are awarded your owed wages, we cannot guarantee the Department will be able to collect.

You may pursue a claim in Small Claims Court. Small Claims Court (LS602) is an informal court where individuals can sue without a lawyer, for money only. You may sue for up to $3,000 in Town or Village Courts, and $5,000 in City Courts. If you are owed more than $5,000 you can sue in New York City Civil Court or in New York State Supreme Court if you live outside of New York City.

If you have questions about Small Claims Court, contact New York State Unified Court System at (800) 268-7869 or [email protected], or visit www.nycourts.gov.