My question involves labor and employment law for the state of New York and the city of New York.
Long story short: I am owed compensation from an employer (fewer than $100 are owed, but the principle of the thing is worth the hassle, and the total work exceeded $1000).
I know I can file a small claim. But I have questions about how this new NYC law may apply: http://ift.tt/2vf8MSE
Note that I filled out a w9 during the job, though I do not have a copy. See below about contract.
1. Does this law apply in small claims court? The important part is 20-933 "Civil Action." Can my small claim include the damages and legal fees referred to here?
2. Do I have to file a complaint with the Office of Labor Standards before bringing the claim?
3. I do not have a written contract. I do have tons of texts and emails that prove I worked for the guy, as the scope of work was determined day-to-day. The agreed rate appears on invoices. It would also certainly be possible to obtain affidavits from other employees confirming the rate, and that I performed services on the specific date for which I was never payed. The employer has no proof of payment, as everything was handled in cash with no receipts, and never payed me for my final day's work.
4. I remain in contact with said employer, though those exchanges are decidedly hostile from his end. He has acknowledged that he owes the money in question by email, but is refusing to pay because he has not received a retrospective invoice for the month of July (which he supposedly wants for tax records). I have notified him that I do not have sufficient info to draft that invoice (which is true), and he is refusing to send me the information (his records of hours worked, etc.). Is there anything else I need to say, do, or establish with him before filing the claim?
Thanks in advance!!!!!
Long story short: I am owed compensation from an employer (fewer than $100 are owed, but the principle of the thing is worth the hassle, and the total work exceeded $1000).
I know I can file a small claim. But I have questions about how this new NYC law may apply: http://ift.tt/2vf8MSE
Note that I filled out a w9 during the job, though I do not have a copy. See below about contract.
1. Does this law apply in small claims court? The important part is 20-933 "Civil Action." Can my small claim include the damages and legal fees referred to here?
2. Do I have to file a complaint with the Office of Labor Standards before bringing the claim?
3. I do not have a written contract. I do have tons of texts and emails that prove I worked for the guy, as the scope of work was determined day-to-day. The agreed rate appears on invoices. It would also certainly be possible to obtain affidavits from other employees confirming the rate, and that I performed services on the specific date for which I was never payed. The employer has no proof of payment, as everything was handled in cash with no receipts, and never payed me for my final day's work.
4. I remain in contact with said employer, though those exchanges are decidedly hostile from his end. He has acknowledged that he owes the money in question by email, but is refusing to pay because he has not received a retrospective invoice for the month of July (which he supposedly wants for tax records). I have notified him that I do not have sufficient info to draft that invoice (which is true), and he is refusing to send me the information (his records of hours worked, etc.). Is there anything else I need to say, do, or establish with him before filing the claim?
Thanks in advance!!!!!
Payment Disputes: Suing for Compensation Under New York's Freelance Isn't Free Act
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