How to Collect Unpaid Wages

[sphene]

What is the name of your state? New York

My employer is 6 months behind in paying me. The problem started almost 3 years ago and he has never caught up in payments. What are my options for collecting these wages? Can I collect interest on these unpaid wages?What is the name of your state?

 

[cbg]

You can start by filing a complaint of unpaid wages with your state DOL. Off the top of my head I don't know whether your state allows for interest or not.

 

[sphene]

Thank you for the information.

The company I worked for was a virtual company. Our business "office" was a Florida address. The president lives in Massachussettes and I work out of my home in New York.

Which state DOL should I file with?

 

[cbg]

You file with New York.

 

[sphene]

I notice that the "Claim for Unpaid Wages" form says at the top:

Section 190.7 of the New York State Labor Law excludes from wage payment coverage those persons in an administrative, executive or professional capacity whose earnings exceed $600 gross per week.

My gross earnings are ~$650 per week, but I am not an administrator or an executive. The definition of "professional" seems kind of loose. I provide technical support for computer software. Would that classify me as "professional" and if so, does that mean I have no recourse in obtaining the wages owed to me?

 

[cbg]

I have no idea, without any knowledge of your background, experience, education or job duties, whether you would be classified as "professional" or not. There is a limit to how much information I can read between the lines.

If the DOL refuses to take a claim (and don't assume - let them say no first) then file a civil suit.

 

[Gadfly]

Please tell us this is you FORMER employer.

 

[pattytx]

That was my thought, too, Gadfly. I can't believe the number of people who continue working for employers who don't pay them.