New York workplace claims

This is the map for a job in New York: at-will, the charge clock, and unpaid wages. It is not a ruling on your boss.

Last checked Sep 25, 2026 · LawyerUnc editorial. Educational only, not legal advice.

At-will

New York is still at-will for most private jobs. A bad reason is not, by itself, a case. The Human Rights Law is broader than federal law, and that is why many New York workplace files live in state court. Broader is not the same as unlimited.

The charge clock

An EEOC charge in New York is often due in 300 days. That federal clock did not become three years. A New York State Human Rights Law claim in court is generally three years. A complaint at the Division of Human Rights is also three years, but only for discriminatory acts on or after February 15, 2024 (S3255, signed November 17, 2023). Sexual harassment complaints at the Division were already three years. Older, non-harassment acts were a one-year Division window, and that window is closed. Filing at the Division can also be an election under Executive Law § 297(9) that bars a later court case on the same facts. (42 U.S.C. § 2000e-5; N.Y. Exec. Law §§ 296, 297(5), 297(9); S3255 (2023))

Unpaid wages

Unpaid wages under the New York Labor Law are often six years (Labor Law § 198). Federal overtime under the FLSA is generally two years, three if willful. Neither number is the 300-day EEOC charge.

What usually matters

• · Do not hear 'three years' and skip the federal charge. Title VII, the ADEA, and the ADA still run through the EEOC, often in 300 days, because New York is a deferral state.
• · The Division of Human Rights and a lawsuit are not two free bites. Executive Law § 297(9) says the court claim is unavailable if you already filed with the Division, subject to the statute's own exceptions. Pick the door on purpose.
• · New York City's Human Rights Law is its own statute, usually read more broadly than the state law. Borough still matters. A severance packet can waive claims. Do not sign it in the lobby because someone is waiting.