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State Wage Claim Deadlines Vary a Lot: TX, CA, NY
Also called: Texas Payday Law Wage Claim, California DLSE Wage Claim, New York Labor Law Wage Claim, Form LS223
Last reviewed 2026-07-11
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What this notice usually means
A state wage claim is separate from a federal Fair Labor Standards Act complaint. Each state sets its own deadline. These deadlines vary a huge amount. In Texas, the Texas Workforce Commission requires a wage claim within 180 days of the date wages were due. Texas counts the date your claim is received, not the date you mailed it. In California, the Labor Commissioner's Office gives 3 years for most unpaid minimum wage, overtime, meal break, and sick leave claims. It gives 1 year for a bounced paycheck or a records request penalty. It gives 4 years for a claim based on a written contract. In New York, state law gives 6 years to bring a wage claim. That clock can pause while a Department of Labor investigation is open. Say your state is not one of these three. Check with your own state labor agency for your real deadline. This page has not yet been verified for other states.
What to do now
- 1
Find your state's deadline
Texas gives 180 days. California gives 1, 3, or 4 years depending on the claim type. New York gives 6 years. Match your state and claim type below.
- 2
Check the received date, not the mailed date, in Texas
Texas measures your 180 days by when the Texas Workforce Commission receives your claim, not when you mailed it. File with time to spare.
- 3
Match your claim type in California
Minimum wage, overtime, and meal or rest break claims get 3 years. A bounced check or records request penalty gets only 1 year. A written contract claim gets 4 years.
- 4
File your New York claim or lawsuit
New York gives you 6 years. Filing a Department of Labor complaint does not use up your time to also file a private lawsuit.
- 5
Get free legal help
A legal aid office can help. So can your state labor agency. They can confirm your deadline and help you file on time.
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Texas: 180 days from the date wages were due, counted by when your claim arrives, not when you mail it. California: 3 years for most unpaid wage and overtime claims, 1 year for bounced check or records penalties, 4 years for written contract claims. New York: 6 years, which can pause while a state investigation is open. These are the only three states verified on this page.
“The deadline for filing a wage claim is no later than 180 days after the date the wages were originally due to be paid.”
Wondering which date applies to you? Check it with Plainly
Sources
- Texas Workforce Commission (twc.texas.gov)Retrieved 2026-07-11
- California Department of Industrial Relations, Labor Commissioner's Office (dir.ca.gov)Retrieved 2026-07-11
- New York State Senate, official codified statute portal, NY Labor Law Article 19 Section 663 (nysenate.gov)Retrieved 2026-07-11
Last reviewed 2026-07-11
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