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New York State Department of Labor Labor Standards

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Collection of Wages

The Department of Labor helps minors and others to collect their unpaid wages.

The Labor Standards Division will:

  • Investigate claims for unpaid wages
  • Attempt to resolve the differences between the employer and employee

The Commissioner of Labor:

  • Is authorized to institute criminal proceedings for failure to pay wages
  • May require an employer to pay interest and civil penalties on unpaid wages
  • May take an assignment of the employee's wage claim
  • May institute a civil suit to recover the wages due

Where we take civil action to recover unpaid wages and the court finds that the failure to pay wages is willful, the employer may be required to pay an additional amount of 25 percent of the claim in liquidated damages.