Can I sue my employer for owing me a $1,000 and never paying overtime?

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Can I sue my employer for owing me a $1,000 and never paying overtime?

I left my job without the 2 weeks notice because of a personal matter. My boss decided to keep a 2 week paycheck of at least $750, plus a month of

commission of like $400 and now refuses to pay. Also, they never pay overtime; they just pay the regular $9 an hour no matter how many hours you did that week.

Asked on March 19, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Regardless of how much or how little notice you gave, you must be *paid* for all time you worked. Your employer may not withhold a paycheck for this reason.
2) They also may not keep a commission that you earned.
3) You should have been paid overtime anytime and everytime you worked more than 40 hours in a week--that is the law. You can potentially recover up to two years of unpaid overtime (as long as you can prove the hours worked).
d on what you write, you have several wage and hour claims. You can contact your state deparatment of labor to file a complaint and let the agency investigate and help you; or you can consult with a private attorney about taking legal action.


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