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I am an independent contractor in NY. It has been 3 weeks since I've been paid;the employer gives me one excuse after another &

Levittown, NY |

keeps promising to pay, but he doesn't. I intend to sue for my services. Being that it's been so long and I haven't been paid, would I be entitled to punitive or any other type of damages? If I was able to prove fraud (I know it might be a long-shot; other sub contractors are similarly affected), would I be able to collect on that?

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Attorney answers 3


You get your wages plus interest at 9% per statute.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Mr Rothstein is correct. Only 9% interest. Good Luck



Thank you!


Generally the Department of Labor waits until wages are at least 2 weeks in arrears before they are willing to become involved, so you should be able to contact them now.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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