Wages owed

My ex-employer has not paid me for over a month and a half of salary. He keeps saying he will, but I get nothing. I know that I can sue him myself, or hire an attorney to do it for me, but I was wondering if there are government agencies I can complain to, with a cc. to him that will make him decide that it is easier to pay me than to fight me. I was thinking Dept. of Labor. Any advice on a government agency that might intimidate him into paying me? By the way, this has been going on for months (since late December 2007) so I have been nothing if not patient.

You’re right. The Department of Labor is the place to start. Here’s a link that might be helpful.

I second AutiePam. I used the Department of Labor twice. Once for an employer who wouldn’t pay overtime and one who wouldn’t send my last paycheck. I suggest you go down in person to the nearest office.

Not clearly small claims- 5000 for six weeks is 833 per week.

I vote Department of Labor. In my experience, even the most hard-headed boss/owner won’t fuck with them.

Actually, I recommend you start with your state’s Department of Labor. Use the feds only if the state doesn’t act promptly.

Why? Not trying to be argumentative here, despite our previous differences. And not trying to turn GQ into GD. I’m interested in your rational for your recommendation. I understand starting in the “lower courts” before proceeding higher but given the varied state laws about “right to work” I would think a federal agency would be the quickest and surest course. Why would his interest be better severed starting at the state level? Please, ya never know, I might use your advice if I ever have to ‘tend to’ another employer!

I can’t speak for DSYoungEsq, but maybe he suggested starting with the local office because it’s local.

Start local and work your way up if you have to – that’s pretty much how I’ve dealt with governmental agencies.

Um, dunno. EEOC? I’m sure the merry folks at the IRS would like to have a little chat with your boss if you’re an employee. If you’re not being paid, perhaps the required oney is not being withheld.

A couple of other suggestions.
The local newspaper? They’d be glad to tell you whom to contact.
Many cities employ an “Ask us anything about where to find services” phone line (311 in Columbus, f’rinstance).
Failing that, you might try city hall.
Your senator’s or congressperson’s office? They might sense a news opportunity.

He said state instead of federal. The federal Department of Labor has offices in most cities. My post’s link was to a map to find the nearest federal Department of Labor office.

That’s what I meant by “local” – the nearest DOL office, which will be the state branch of the federal DOL. Won’t it? Maybe I’m confused.

State Labor Departments (ordinarily unemployment/state employment services) are run by them are the ones with jurisdiction over failure-to-pay-agreed-wages disputes. The Feds. typically get involved when payment is below Federal minimum wage, health and safety violations breaking Federal standards are involved, etc.

However, it’s been my experience (such as it is) that they normally work together quite effectively – go to whichever is closest, bringing along such evidence as is available (to avoid return trips to provide it), and if it’s not the right place, they’ll send you to whatever is.

Well, perhaps having dealt with the law in the area for some 11 years gave me some insight. :wink:

As a general rule, the federal government is not in the business of making employers pay wages. It IS in the business of making sure employers do things like pay minimum wage, pay overtime wages, etc. State departments of labor, on the other hand, enforce the state laws that require payment within a certain timeframe of regular pay date, etc. They are, therefore, best suited to handle the issue of failure to make timely payment.

If, in the course of dealing with the issue, the state department uncovers a possible federal law violation, you can always go get some federal help. But more than likely, a wage issue of the sort described will result in the Department of Labor simply referring the OP to his/her state department of labor anyway.

I also note that the OP used the word “salary.” This raises the very real possibility that the OP is exempt from many provisions of the FLSA. Not all people who are on “salary” are exempt, but if the OP is, then that reduces even further the potential that the DoL will be of service. But the state dept. will always be enforcing the “pay on time, dammit!” laws, regardless. :slight_smile:

As someone who as dealt for 38 years with employers who try to chisel employees I agree that no, they can’t actually make the employer pay but they can excerpt pressure on him to do so as I found when I went to the federal Department of Labor to recover my last check for a salaried managerial position.

<sigh>

If you read what it says at the Dept. of Labor website that was linked, a last payment of wages following a termination is treated differently. In that case, the federal government has some jurisdiction under the FLSA. This is precisely the FAQ that the link in post #2 discusses.

This is different from someone who is continuing to work for an employer and is not being paid.

Furthermore, in all cases, the state’s Dept. of Labor/Employment will be able to force the employer to pay. Given the choice between someplace that can only bluster and bully, and someplace that can enforce, I’ll recommend choosing the place that has actual teeth all the time.

It’s not that going to the feds is a BAD idea, it’s that going to your state is a BETTER idea. :wink: