Nj - Unpaid Salary

[psingh]

My wife works in technology company and hasn't been paid since Nov,05. She works for this company in NJ on W2. This company got her a project to work at the client in NYC. But inbetween there is another company which has a contract with her company in NJ.

Basically Client >> Middle Company >> My wife's employer.

She hasn't been getting paid since Nov,05 by her comapny because either the client or the middle company hasn't released money to my wife's employer even though she has been working and filling up her timesheets and getting them approved by the manager at the client place.

1) What can she do to get her salary?
2) Can she take lien or judgement against the employer or asstes ??
3) Also the employer only gave her last year w2 till Nov even though she was working . Is this legal .

Thanks

[Pattymd]

The W2 is on a cash basis. So it only includes what has actually been paid and what you describe, if I am understanding it correctly, would be accurate.

Now, for the unpaid time. It sounds like this is a staffing agency, which places her in a position and bills the company for her time. In this case, it is irrelevant that the staffing agency may or may not have billed and/or received payment for their invoices. They must pay her anyway. She can file a claim for unpaid wages with the state Dept. of Labor. Immediately.