What to Expect from a Labor Standards Wage Claim Investigation

• Once a claim is submitted, we will conduct a pre-investigation review and once complete you will receive a letter with important information. Tell us right away if the employer pays you what you are owed, or if you change your address or phone number.
• Investigations take time. For cases Labor Standards chooses to pursue, investigations generally cover the period stated in the complaint or in limited matters, 3 or more years. The DOL has the discretion to open an investigation that covers all the workers employed by the employer during a 3-6-year period or a narrower scope of investigation.
• When an individual communicates with the Division of Labor Standards regarding an employment-related complaint, our first step is to determine whether we may have the legal authority to intervene - whether the issue involved may be within our "jurisdiction." If it clearly is not, we will make every attempt to direct you to the agency or organization which can best assist you.
• Investigation of Claim: If your claim is accepted for investigation, you will receive a case number (LS#) by mail. Cases will be assigned as staff are available to begin their investigative work. Once your case is assigned to an investigator, you will receive a letter notifying you of the assignment. As the facts and circumstances of each claim vary, the Division may employ several enforcement techniques during the course of its investigation. The amount of time required for an investigation also varies, depending primarily upon the degree of employer cooperation, the production of required information from either party, or the availability of persuasive evidence, e.g., records, witnesses, etc. An investigation begins with the Division contacting the employer either by telephone, by letter, or in person. If the employer fails to respond to our letter presenting the facts of a claim and asking for information or to make restitution, a second letter may be sent to the employer. We will write to you periodically to update you on the status of the investigation until it is concluded.
• In some instances, a field visit/investigation may be necessary to remedy violations of labor law. This occurs if an employer does not respond to our attempts to resolve the violation, if the violations impact the entire workplace, or are best investigated at the worksite.
• Conclusion of Investigation Presentation of Findings: Once the investigation is concluded, if we determine a violation occurred, the Division will take all reasonable attempts to remedy the violation, including repayment of wages owed. How long this may take depends on various factors including the employer’s cooperation, whether the Commissioner must issue an Order to Comply, and whether the employer appeals the Order to Comply to the Industrial Board of Appeals for a formal hearing. These processes take time, as the employer is entitled to dispute our findings, present evidence to refute claims, and call witnesses.

If no timely appeal of the Order to Comply is filed and the employer still has not submitted payment, the Order may be filed as a money judgment in the county where the employer resides or has a place of business. These judgments last for at least 10 years and may be 20 years. The Division will attempt to collect through enforcement of the judgment. Not all Orders will be referred for judgment. In some circumstances, the Department cannot take collection action. These conditions will be explained to you if it applies to your case. A judgment against the employer does not guarantee the Department will be able to collect.

Assignment of Judgment

If a person is owed wages on a money judgment, they may request that the Commissioner assign their portion of the judgment to them to undertake enforcement and collection actions themselves.

Criminal Referrals

In addition, a criminal prosecution referral to the Attorney General or local District Attorney's office may be an option - if the evidence is sufficient and certain other legal criteria (such as the whereabouts of the employer being known) exists for the case to be accepted. A criminal prosecution is instituted for violation of the New York State law and not for any monetary amounts that may be due affected parties.

On September 6, 2023, Governor Kathy Hochul signed legislation amending the New York Penal Law, making wage theft a crime.

Labor Standards does not investigate claims of class-based discrimination, failure to provide family leave benefits, work-related safety concerns, or disability claims. We do take claims that you were discriminated against or retaliated against for exercising your rights under the New York State Labor Law. Please call (888) 469-7365 for further information on other state agencies that may be able to assist you

Out of State Employers

Dealing with employers from other states presents additional enforcement challenges due to jurisdiction.

Lack of Records and Witnesses

Our investigators are dedicated to building strong cases, but they need workers and witnesses to come forward and participate in the investigation process. A solid legal case involves uncovering labor law violations through records and interviews. When records are lacking, it’s crucial for workers and witnesses to speak up and provide truthful and detailed information. You should update your contact information any time it changes. Employers often use delay tactics and the fear of retaliation to discourage workers and witnesses from cooperating with investigations.

Cash Payments

Although it's not against the law for employers to pay their employees cash, without proper documentation it can complicate the process of verifying payments.

Our Aim is to Combat Wage Theft

We Do Not Report People Who are Undocumented

We do not report workers or witnesses who are undocumented to any state or federal enforcement agency. Our focus is to combat wage theft and improve workplace practices that enable wage theft to occur. An employer cannot justify not paying the minimum wage, overtime, or providing benefits based on an employee's immigration status.

Your Employer Cannot use Your Immigration Status to Prevent you from Filing a Wage Complaint

Labor trafficking indicators may include an employer using your immigration status to threaten you from reporting a complaint, assisting in an investigation, or forcing you to work without pay. For undocumented workers willing to cooperate in a NYSDOL investigation, a statement of interest can be beneficial. This letter, with immigration support, can be included in a request for deferred action to the Department of Homeland Security.

For questions about submission of a Labor Standards wage theft claim, email: [email protected] or call (888) 469-7365.