Unpaid Wage Claim Deadlines by State: How Long You Have to Recover Owed Pay

Federal recoveries peaked at $322,490,774 in FY 2019, slid for several years, then rebounded to $259,294,764 in FY 2025. Even at the peak, that money reached only the workers whose cases the agency took on.

The number of workers paid back fell from 313,941 in FY 2019 to 151,989 in FY 2024 before ticking up to 176,957 in FY 2025. Fewer federal cases means more workers have to chase owed pay on their own, inside their state's deadline.

Minimum wage and overtime cases under the FLSA make up most of the federal total, with $184,425,856 recovered in FY 2025. These are the claims the 2 year (3 if willful) federal deadline applies to.

Civil money penalties climbed from $16,169,087 in FY 2013 to $58,699,936 in FY 2025. Penalties go to the government, not to you, so they never replace filing your own claim on time.

State labor agency wage claim deadlines and dollar limits (selected states)

Source: FindLaw (copy of the Texas Labor Code), Texas Labor Code 61.051, Filing Wage Claim; Montana Legislature, MCA 39-3-207, Period within which employee may recover wages and penalties; Arizona State Legislature, A.R.S. 23-356, Wage claims; FindLaw (copy of the Utah Code), Utah Code 34-28-9; Iowa Legislature, Iowa Code sections 614.1 and 91A.10; Illinois Legal Aid Online, How far back can I collect my unpaid wages?; FindLaw (copy of the Michigan Compiled Laws), MCL 408.481; Maryland Department of Labor, Employment Standards Service Wage Claim Form; North Dakota Legislative Branch, North Dakota Century Code chapter 34-14; NH Liberty Alliance bill tracker (bill text), HB 1168 (2026), relative to wage claims, RSA 275:51, V; Washington State Legislature, RCW 49.48.083. Download as image

Main state deadline to file an unpaid wage claim by state

• 46 years
• 123 years (or 36 months)
• 172 years
• 61 year or less (agency claim deadline)
• 2No state minimum wage law (federal FLSA deadline)

How long do you have to file an unpaid wage claim?

Start with the federal floor. Under the Fair Labor Standards Act, you have 2 years to sue for unpaid minimum wage or overtime, or 3 if the employer broke the law on purpose. That applies in every state, including Alabama and Mississippi, which have no state minimum wage law at all.

State law often gives you more time, and it can cover pay the FLSA does not, such as a promised bonus, commission, or a final paycheck that never arrived. You can usually use whichever law gives you the better deal.

One detail trips people up. In most places the clock does not start when you quit. It starts on each payday that came up short. If you were underpaid for years and only act now, the oldest paychecks may already be out of reach while the recent ones are still claimable. Every month you wait, another paycheck can fall off the back end.

A quick example. Say your manager has been clocking you out before closing cleanup for years. Under the FLSA you can recover the last 2 years of that unpaid time, or 3 if you can show the employer knew it was wrong. In New York, a state claim could reach back 6 years. Same work, very different check, based on where you file.

Which states give you the most time to recover unpaid wages?

New York and New Jersey lead with 6 years. Hawaii and Maine also reach 6 years, though through their general limitation periods rather than a wage statute. California gives 3 years for minimum wage, overtime and break claims, 4 years when the pay was promised in a written contract, and 2 years for an oral promise above minimum wage. Kentucky moved to a 3 year deadline for court and agency actions effective July 15, 2024.

The short end is mostly about agency claims. Texas requires a Texas Workforce Commission claim within 180 days after the wages became due, and that deadline is jurisdictional, so a late claim gets dismissed. Montana also uses 180 days for a complaint, though it can recover up to 2 years of wages (3 years for repeated violations). Arizona, Utah, Iowa and Illinois give 1 year for agency claims, and Michigan gives 12 months.

Ten states show as not yet confirmed on the map. If you work in one of them, plan around the federal deadline of 2 years (3 if willful) and get local advice quickly. State law there may allow more time, but do not count on it.

Should you file with the state labor agency or go to court?

An agency claim is free, you do not need a lawyer, and the agency does the investigating. The tradeoff is time and size. Agency windows are often shorter than court deadlines, and some cap the amount. Arizona's Department handles claims up to $12,000. North Dakota takes claims of $125 to $15,000. Maryland gives 2 years for an agency claim but 3 years in court.

In several places, filing with the agency pauses the court clock. Connecticut, Massachusetts, Virginia, Washington and the District of Columbia all work this way, which means a quick agency filing can protect your right to sue later.

Court is slower and may need a lawyer, but it usually allows a longer look back and can bring extra damages on top of the wages. Many wage lawyers take strong cases without an upfront fee, so a free consultation costs you nothing but an hour.

What should you do right now if your employer owes you pay?

• Write down every payday that came up short and what you think you were owed. Each one has its own deadline.
• Save pay stubs, schedules, timesheets, texts and emails about hours or pay. Screenshot anything on a work app before you lose access.
• Find your shortest deadline first. That is usually the state agency claim, and in Texas or Montana it can be 180 days.
• Ask for the money in writing. Keep it short and factual: dates, amounts, and a date you expect payment.
• Do not let promises run out your clock. An employer saying it will sort things out next month does not stop your deadline.
• File before the earliest deadline, then talk to a wage lawyer if the amount is large or the employer pushes back.

Do freelancers and contractors get the same deadlines?

Usually not. Wage claim laws protect employees. If you are a true independent contractor and a client will not pay an invoice, your claim is normally a breach of contract claim, and the deadline comes from your state's general contract rules instead of the wage tables on this page.

Two things change that picture. First, a written agreement often buys you more time than a handshake deal. California's split of 4 years for written contracts and 2 years for oral promises shows how much paper can matter. Second, if a company controls your hours and work like an employer, you may be misclassified, and wage laws, with their extra damages, may cover you after all.

Watch for this in practice: a client who sets your schedule, supplies your tools and pays you a fixed amount on a regular schedule looks a lot like an employer. If that is your situation, compare your setup against the misclassification tests before you decide which deadline applies.

Either way, the same habit protects you: get the pay terms in writing before you start, and send a written demand the moment a payment is late.

What the federal enforcement numbers tell you

The U.S. Wage and Hour Division recovered $259,294,764 in back wages for 176,957 workers in FY 2025. That sounds like a lot until you see the trend: in FY 2019 it recovered $322,490,774 for 313,941 workers.

The lesson is practical. The federal agency reaches a small share of the people who are underpaid, and its caseload has shrunk. For most workers, getting paid back depends on filing their own claim, with the state or in court, before the deadline passes.

Sources and method

Every number on this page comes from the sources below, each opened and read on or before October 18, 2026. A second, independent review checked every figure against its source and corrected anything that did not match. 41 of 51 state entries were confirmed; any that could not be are marked "Not yet confirmed" and left out of every count and chart.

1. Legal Information Institute, Cornell Law School, 29 U.S. Code 255 - Statute of limitations (Current U.S. Code text, accessed 2026-10-18)
2. U.S. Department of Labor, Wage and Hour Division, Wage and Hour Division Data (FY 2025 data)
3. U.S. Department of Labor, Wage and Hour Division, WHD Enforcement Statistics: All Acts (FY 2013 to FY 2025)
4. U.S. Department of Labor, Wage and Hour Division, WHD Enforcement Statistics: Fair Labor Standards Act (FY 2013 to FY 2025)
5. U.S. Department of Labor, Wage and Hour Division, State Minimum Wage Laws (Updated July 1, 2026)
6. New York State Senate, New York Labor Law Section 198 (Current consolidated law, accessed 2026-10-18)
7. California Department of Industrial Relations, Labor Commissioner's Office, How to File a Wage Claim (Accessed 2026-10-18)
8. FindLaw (copy of the Texas Labor Code), Texas Labor Code 61.051, Filing Wage Claim (Accessed 2026-10-18)
9. Kentucky General Assembly, KRS 337.385 (Effective July 15, 2024)
10. Montana Legislature, MCA 39-3-207, Period within which employee may recover wages and penalties (Montana Code Annotated 2025)
11. Arizona State Legislature, A.R.S. 23-356, Wage claims (Accessed 2026-10-18)
12. FindLaw (copy of the Utah Code), Utah Code 34-28-9 (Accessed 2026-10-18)
13. Iowa Legislature, Iowa Code sections 614.1 and 91A.10 (Iowa Code 2026)
14. Illinois Legal Aid Online, How far back can I collect my unpaid wages? (Reviewed May 9, 2024)
15. FindLaw (copy of the Michigan Compiled Laws), MCL 408.481 (Accessed 2026-10-18)
16. Maryland Department of Labor, Employment Standards Service Wage Claim Form (Rev 1/23)
17. North Dakota Legislative Branch, North Dakota Century Code chapter 34-14 (Accessed 2026-10-18)
18. NH Liberty Alliance bill tracker (bill text), HB 1168 (2026), relative to wage claims, RSA 275:51, V (Signed May 8, 2026; Chapter 50; effective July 7, 2026)
19. Washington State Legislature, RCW 49.48.083 (Includes 2026 amendments)
20. Various (see each state row), State statutes and agency sources listed in the state table on this page (Accessed 2026-10-18)