The statute of limitations in New York employment law depends on the type of employment claim being filed. The time limit will generally begin at the time the unlawful event occurs. Failing to take action within these time limits results in an employee losing the right to pursue legal action under New York employment law.
OSHA Claims filed under the Sarbanes-Oxley Act/Whistleblower Protection Provision
Employees are required to file a claim under this Act (Pg. 16, 1.) within 180 days. The time limit to meet this deadline comes quickly, and waiting to file a claim can result in losing the ability to take action.
Discrimination Claims
Employees have 300 days, less than a year, to pursue action for discrimination in the workplace. Title VII of the Civil Rights Act of 1964 allows employees in protected classes to file a claim for discrimination with the Equal Employment Opportunity Commission (EEOC). Individuals facing discrimination based on a disability are also subject to the same timeline. Age discrimination claims also face a 300-day time limit from when the event occurred to file a claim.
Filing a New York State discrimination claim and the statute of limitations can vary depending on the administrative agency you need to file with. It is recommended to ask for guidance from a work discrimination lawyer in New York before filing because the chosen avenue of action can impact the ability to file with other agencies.
Defamation and Intentional Torts Claims
Complaints of defamation, including libel and slander, must be filed within one year. Claims for wrongful acts, or intentional torts, causing harm acknowledged under New York Law, such as civil actions for assault, battery, and false imprisonment, also have a one-year time limit for filing a claim.
Wage, Hour, and Medical Leave Violations
Federal laws protect New York employees against employers who violate wage and hour laws, such as failing to pay minimum wage or overtime under the Fair Labor and Standards Act (FLSA). Additionally, employees who suffer retaliation for or suffer interference from an employer for a family medical event can take action under the Family Medical Leave Act (FMLA). Any actions under these two acts have a statute of limitation of two years, with extensions applying to specific violations of the FLSA, providing a three-year statute of limitation for willful or negligent violations.
Human Rights Violations
New York City and New York State have laws applying to human rights and discrimination. Discrimination of gender-based harassment has a statute of limitation of three years in New York City. Other forms of discrimination have a shorter time frame. New York State sets a statute of limitations at three years for sexual harassment in the workplace for incidents occurring after August 12, 2020.
Six-Year Statutes of Limitations
Several various New York laws allow six years to take legal action for the following incidents:
- Breach of employment contract
- Fraud
- New York Labor Law: State laws allow six years to pursue action for violations of hour and wage violations
While six years is allowed by law, waiting to take action can result in a loss of significant evidence.
Contact a New York Employment Lawyer
The laws affecting employment in New York are regulated by state and federal law. If your rights have been violated, contact Gattuso & Ciotoli, PLLC, online or by calling (315) 314-8000. Time limits begin at the time the action occurs. Failing to meet the deadlines will eliminate your ability to take legal action.
FAQs
Does the statute of limitations clock start from when the discrimination occurred or when I discovered it?
In most New York employment law cases, the statute of limitations begins when the unlawful act takes place, not when you become aware that it was unlawful. However, certain claims may allow for the “discovery rule,” where the limitations period begins when you knew or reasonably should have known about the violation, which is more commonly applied in concealed fraud or ongoing wage theft cases. Because the applicable rule varies by claim type, consulting an employment attorney early is the most reliable way to determine when your filing deadline actually started.
Can the statute of limitations be paused, or “tolled,” in New York employment cases?
Yes, New York courts may allow tolling, which pauses the limitations clock, under specific circumstances. Common grounds for tolling include the employee being a minor at the time the violation occurred, the employer actively concealing the unlawful conduct so the employee could not reasonably discover it, or the employee suffering a mental incapacity that prevented timely filing. Because tolling is not automatic and requires a recognized legal basis, it is important to consult an attorney promptly rather than assuming your deadline will be extended.
After I file an EEOC complaint, how long do I have to file a lawsuit in federal court?
Once the EEOC issues a Right to Sue letter, you generally have 90 days to file a lawsuit in federal court. This 90-day window is entirely separate from the original 300-day deadline to file the charge with the EEOC and begins only after the agency closes your case. According to the EEOC’s guidance on filing a lawsuit, missing this deadline can permanently bar you from pursuing a federal discrimination claim in court, making it critical to contact an attorney immediately upon receiving that letter.
Are there shorter filing deadlines for claims against a government employer in New York?
Yes. Employees with claims against a municipal, county, or state government employer in New York often face an additional procedural requirement: filing a formal Notice of Claim before initiating a lawsuit. Under New York General Municipal Law § 50-e, this notice must generally be filed within 90 days of the incident that gave rise to the claim. Failing to file a timely Notice of Claim can bar an otherwise valid case entirely, which is one of the most important reasons to consult an employment attorney as soon as possible when a government employer is involved.
Does each individual act of discrimination reset the statute of limitations clock in New York?
Under the continuing violation doctrine, a series of related discriminatory acts may be treated as a single ongoing violation rather than isolated events, potentially allowing employees to include earlier incidents that would otherwise fall outside the limitations period. New York courts have generally applied this doctrine in hostile work environment and pattern-of-conduct cases where the acts are sufficiently linked. However, each discrete adverse action – such as a termination, demotion, or denial of promotion – typically triggers its own independent limitations period from the date it occurred, regardless of any earlier related conduct.