The right of an employee to compensation is based on either an express or implied contract. Whether the employment contract is express or implied, it need not be formalized in order for the terms of employment to begin. Once employment has begun, the employment contract represents the right of the employee to be paid the wages agreed upon for services he or she has performed and the right of an employer to receive the services for which the wages have been paid.
New York Complaint for Recovery of Unpaid Wages
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How to fill out Complaint For Recovery Of Unpaid Wages?
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Recovering Unpaid Wages You can file a wage claim with the New York Department of Labor, which will investigate your claim, hold a hearing, and help you recover any wages your employer owes. Alternatively, you can file a lawsuit in court. You do not have to retain a lawyer to pursue either option.
New York employers who make an untimely wage payment may do so in violation of state and federal laws. Employers must pay their employees within seven days of their particular pay period, whether it is on a weekly or biweekly basis. While some exceptions exist, most employers cannot engage in untimely wage payments.
You may also call the Task Force hotline at 1-888-469-7365. Reports may remain anonymous.
If an employer willfully fails to pay wages he or she owes you, you may file a lawsuit in court for double the amount of your unpaid wages. After a failed attempt to address the issue internally, and after the Division of Wages and Hours failed to investigate your case, you can take things to court.
If you need additional assistance to file your complaint, please call: 1-888-4-NYSDOL (1-888-469-7365).
Unpaid Wage Recovery Agency: New York State Department of Labor. Division: Division of Labor Standards Local Office. Phone Number: (888) 469-7365. Business Hours: Monday - Friday: AM - PM. Staff is available through the automated phone system during business hours. Call volume is often high.
Under New York law, employers who engage in unpaid wage and hour violations owe their employees back pay and could also owe liquidated damages equalling 100% of the owed wages. Here are common unpaid wage violations: The employee's paycheck bounced because of not sufficient funds.
