Legal Question in Employment Law in New York
Hired by a recruiter who is located in Georgia. I relocated from California to New York City to work as a consultant for a large financial institution. From the beginning I had problems receiving my paycheck on time from the 3rd level recruiter - who by the way was threatened by the client after my first and second paychecks were held beyond her 30day receipt of invoice. This is a 3rd party recruiter. I started the contract on 2/18/2010, and the contract ended on 12/15/2010. I sent my last timesheet and invoice to the recruiter on 12/15/2010. My last timesheet was approved by the client and paid to the recruiter. I have been accused by this recruiter of not sending in my timesheet(the last week was only 3 days of 11 days that I worked in Dec. I am due a paycheck for a total of 11 days). I sent my timesheet to her again. The client and lst level recruiter has emailed and called this recruiter - asked her to pay me because she was paid. At this point it is out of their hands because they have no leverage, she has been paid. As of this date I have not received my paycheck. I should have received it 1/15/2011, or at the latest 1/30/2010 (which would have been late). What can I do? It has been 2 months. I am still waiting to receive my paycheck and 1099.
1 Answer from Attorneys
Contact the NY State Dept. of Labor's Wage and Hour Division.