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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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