If you've already contacted an attorney you should be speaking with her (or him); any advice you get from your attorney is necessarily going to be better than the advice you get from strangers for free online based on very few facts.
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Your employer cannot withold your paycheck. If your attorney has not taken effective action, contact the New York State Department of Labor at:
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I suggest contacting the New York State Department of Labor wage enforcement division, they should be able to assist you free of charge.
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