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Cox Padmore Skolnik & Shakarchy LLP remains ready to serve you during the COVID-19 pandemic. We are prepared to provide you with continuous legal service and uninterrupted communication. We are also monitoring the legal impact of COVID-19 and we are available to discuss any questions you may have regarding the CARES Act, insurance coverage issues, including business Interruption insurance, or other issues. Please see below for a list of our practice areas. You may contact us by the usual means of telephone and email, which is encouraged at this time. We will promptly respond. Video conferencing is also available. In all, our firm remains committed to assisting you throughout this evolving period of legal, business, and safety concerns.

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  4.  | My boss hasn’t paid me – now what?

My boss hasn’t paid me – now what?

| Dec 24, 2015 | Contract Disputes

Despite wage laws that are meant to ensure employees are paid fairly, you may experience problems getting paid from your New York City employer. Often, there is a reasonable explanation for this. If you have not received the full amount you are due, there could have been a misunderstanding with your employer or a mistake on your payroll. In some circumstances, however, your employer might be experiencing financial difficulties or be deliberately withholding your pay.

According to the New York State Department of Labor, it is a good idea to first discuss the matter with your employer. This can help you determine whether the shortage on your paycheck was an oversight. It will also provide you with a manner to resolve the issue and prevent the awkward situation that could arise if you immediately file a claim.

However, if it is clear that your employer has deliberately failed to pay you what you are owed, your next step should be to take official action with the state. You can file your claim with the New York Division of Labor Standards. Additional options include filing a small claims lawsuit or taking your grievance to superior court. With this option, a judge may be able to order your employer to pay you the amount you are due.

It is against New York law for your employer to intentionally keep you from receiving your salary. This would be considered a breach of contract in regards to your employment with the company. The content provided in this post should serve as general information on your wage rights, but is not meant to replace the advice of a lawyer.

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