Legal Question in Employment Law in New York

Re: not getting paid

It appears as if he is paying you as an independent contractor, not as an employee. You should contact the New York Department of Labor, which will investigate and if you are more properly classifed as an employee, help you obtain any back pay or benefits you are due. However, if you are properly considered to be an independent contractor (I doubt you are but the DOL will determine your actual status), you will have to file a complaint against your boss in court in order to recover the money he owes you. It would be in your best interest to contact an attorney experienced in these matters to help determine whether you meet the test for an independent contractor and if so, file a suit on your behalf to recover your money. The attorney will also be able to determine if the suit must be filed in New Jersey or it can be filed in New York. Please contact me if you require further assistance in this matter.