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If I have already gone to the department of labor, do I also need to file a lawsuit against my previous employer?

Las Vegas, NV |

My, now, previous employer had me listed as a 1099 employee, however, I had always had a schedule I had to abide by. The department of labor stated if I had a schedule that I should've been getting minimum wage on my check and, due to being listed as 1099, many times I was below minimum. On my last check before leaving the company, they shorted me half of my check without my approval and still haven't given me the money back. They also gave me my final check 17 days after I left and not the 7 days after I left, and they also took money out of that check without my approval. They're also saying I owe them money, which I don't, but still haven't provided any proof that I do. Is going through the department of labor sufficient or should I look into a lawyer at this point?

Attorney Answers 1

  1. You may have a claim for FLSA for unpaid minimum wages. Under the FLSA, you may be entitled to liquidated and/or double damages, attorneys' fees, etc. Have your case reviewed by NELA attorney.

    Herbert Tan, Esq.

    The National Newark Building
    744 Broad Street, 16th Fl.
    Newark, New Jersey 07102
    (973) 735-2681 (W)
    (973) 735-2682 (F)

    Manhattan Office
    305 Broadway, 14th Floor
    New York, New York 10007
    (888) TAN-LAWS

    Member of National Employment Lawyers Association (NELA)

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