New York employment claim deadlines

Discrimination, harassment and retaliation

EEOC charge (federal law)

Generally within 300 days in New York (42 U.S.C. § 2000e-5(e)(1); 29 U.S.C. § 626(d) for age claims). The base federal period is 180 days; New York is one of the states where it extends to 300. A charge is required before suing under Title VII, the ADA, the ADEA or the Pregnant Workers Fairness Act.

New York State Division of Human Rights

Three years for conduct on or after February 15, 2024; one year before that, except three years for sexual harassment on or after August 12, 2020 (Exec. Law § 297(5)).

State Human Rights Law, in court

Three years (CPLR 214(2)).

New York City Commission on Human Rights

One year (Admin. Code § 8-109(e)).

City Human Rights Law, in court

Three years (Admin. Code § 8-502(d)), paused while a complaint is pending with the City Commission or the State Division.

Choosing an agency can close the courthouse. Filing with the State Division or the City Commission can bar a later lawsuit on the same claim (Exec. Law § 297(9); Admin. Code § 8-502(a)). Decide where to file before you file.

Unpaid wages, commissions and overtime

New York Labor Law

Six years (Labor Law § 198(3)), running separately from each pay date on which you were not paid. See sales commissions.

Federal Fair Labor Standards Act

Two years, or three for a willful violation (29 U.S.C. § 255(a)).

Notice to hold the owners personally liable

180 days after your last day of actual work, to reach the ten largest shareholders of a privately held corporation or the ten largest members of an LLC (Business Corporation Law § 630; Limited Liability Company Law § 609(c)). This one is short and easy to miss. See when the paychecks bounce.

Retaliation and whistleblowing under the Labor Law

Retaliation for a wage complaint or for using sick leave

Two years (Labor Law § 215(2)(a)).

Whistleblowing

Two years (Labor Law § 740(4)(a)).

Medical leave

Family and Medical Leave Act

Two years in court, three if the violation was willful (29 U.S.C. § 2617(c)). See working with a medical condition.

Layoffs and severance

New York WARN Act

Six years (Labor Law § 860-g(7)). See severance after a group layoff.

Considering a severance agreement, if you are 40 or older

21 days to consider (45 in a group layoff) and 7 days to revoke, for a valid release of an age claim (29 U.S.C. § 626(f)(1)(F)–(G)). New York adds its own 21 and 7 days where a confidentiality term covers discrimination, harassment or retaliation (Gen. Oblig. Law § 5-336(1)). See how long do I have to sign?

Unemployment insurance

No fixed deadline, but a claim reaches back only to the start of the week in which you file it (12 NYCRR 473.1(b)), so file promptly. See severance and unemployment.

Why your deadline may be different

• When the clock starts. Usually the date of the act you are challenging, such as the firing or the demotion, but not always: a wage claim runs from each missed pay date, and the owner-liability notice runs from your last day of actual work.
• Pauses. Some periods are paused while an agency complaint is pending, as the City law provides.
• Contracts and arbitration agreements can set their own procedures and time limits.
• Several laws can apply to the same facts, each with its own period. The shortest one is usually the one that matters.

Where you file also matters, because New York’s appellate departments do not always agree. See which court decides my case.