Unpaid Wage Claim Deadlines by State (2026)
A state labor-agency filing window is not necessarily the same as the time limit for filing a lawsuit, and final-pay timing can be different again. This guide keeps those clocks separate and links directly to official labor-agency sources.
Last checked: 1 October 2026
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What this guide tells you
There is no single US deadline for an unpaid-wage claim. Texas TWC wage claims generally must be filed within 180 days after the wages became due, Illinois Department of Labor complaints within one year, and California DLSE filing periods vary from one to four years depending on the legal basis of the claim.
OFFICIAL-SOURCE REFERENCE
Unpaid Wage Claim Deadlines by State (2026)
Use the official source beside each row before filing. Monetary jurisdiction, claimant type, venue and claim category can change which route applies.
| State | Agency / administrative route | Agency filing window | Important timing note | Official source | GetInstantLaw guide |
|---|---|---|---|---|---|
| California | Labor Commissioner / DLSE wage claim | 1, 2, 3 or 4 years depending on claim basis | DLSE lists 1 year for certain penalties, 2 years for an oral promise above minimum wage, 3 years for minimum wage/overtime/meal-rest-break and similar claims, and 4 years for a written contract. | California Labor Commissioner / DLSE | Open guide |
| Texas | Texas Workforce Commission — Texas Payday Law wage claim | 180 days after the wages became due | The TWC administrative wage-claim deadline is jurisdictional. Separate final-pay rules generally require discharged employees to be paid within 6 days and other separations by the next regular payday. | Texas Workforce Commission | Open guide |
| Illinois | Illinois Department of Labor wage claim | 1 year after wages or final compensation were due | IDOL says the complaint must be filed within one year and the Department limits its investigation to the 3 years before the complaint was filed. | Illinois Department of Labor | Open guide |
| New York | New York State Department of Labor — Labor Standards claim | Generally not accepted if wages are more than 3 years old | NYSDOL lists several situations it cannot accept, including wages or supplements owed from more than three years before they were earned/due. Court remedies can involve different limitation questions. | New York State Department of Labor | Open guide |
| New Jersey | NJ Division of Wage & Hour Compliance complaint | 6 years | New Jersey states a six-year limitation period for complaints involving unpaid minimum wage, overtime and other wage complaints. | New Jersey Department of Labor | Open guide |
| Washington | Washington L&I — Worker Rights Complaint | 3 years from when the violation occurred | Washington L&I says worker-rights complaints should be filed within three years of the violation. Retaliation complaints use a shorter 180-day filing period. | Washington State Department of Labor & Industries | Open guide |
| Pennsylvania | PA Department of Labor & Industry wage claim / labor-law complaint | Try to file within 2 years for minimum-wage or overtime underpayment | Pennsylvania L&I advises filing a wage claim within two years from when the work was performed for minimum-wage or overtime underpayment, and says claims should be filed as soon as possible because employer records are generally retained for three years. | Pennsylvania Department of Labor & Industry | Open guide |
How we maintain this guide
- Each row uses the state labor department, workforce commission or equivalent official wage-enforcement source.
- The table describes the published administrative filing window; it does not silently substitute a court statute of limitations.
- Final-pay deadlines are treated separately because the date wages become due can affect when an agency deadline starts running.
- This first edition covers the source-checked states shown above and will expand as additional official state agency rules are verified.
What this table does not replace
- A labor-agency filing deadline and a court lawsuit limitation period can be different.
- Federal FLSA remedies can have their own limitation period and do not replace state-specific filing rules.
- Worker classification, public employment, arbitration, bankruptcy and union procedures can change the available route.
- Do not wait for the end of a listed period if wages are unpaid; verify the current official rule and act promptly.
Understand it. Prove it. Resolve it.
Use the official route to understand the process, organise the documents and chronology that support what happened, then keep the next practical action visible.
Get Instant Complete — Law + Proof + Resolve Legal information only — not legal advice. Court and agency rules can change; check the linked official source before relying on a filing limit or deadline.