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Pay Check delay New York

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  • Pay Check delay New York

    My wife works in promotions for various companies doing things like handing out fliers for events, showing off a new product in stores or handing out samples of a product.

    Well this is the first time that we have had this problem with getting paid from a particular company and was wondering if there are any laws which state when someone should be paid.

    We are in NY but the company that hired her to do the work is in MI. She did sign a W9 with the company and signed a document that states she would be paid 30-45 days after the promotion ended but we are now onto day 55 and they are saying that they have not gotten paid from the company that hired them and we cant pay you until they send us our money.

    Thanks

  • #2
    It is my understanding that the labor laws are from where the work was done, not where the company is located. I would contact your department of labor for your state, and see what they say. I would also remind them that they have a signed contract that states when you are to be paid, irreguardless of whether they have been paid or not! Does it state in this contract anywhere that payment can be delayed for non payment from the company you are passing flyers out for? If not, then their excuse is just that, an excuse. You may be able to get them for breach of contract also. Contact your local legal aid clinic, if there is one, they give free advice for those who can not afford an attorney, they may at least be able to look over the contract, and let you know what they think. I am not a lawyer, this is advice only.

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    • #3
      You say she filled out a W-9 for the company. This screams independant contractor to me. If she is an IC, then it is removed from labor laws and I'm betting that a DOL wouldn't get involved. Turbowray points out a lot of good stuff.

      I'd send a demand letter certified mail, return reciept requested. That usually gets me paid when I have collection issues.

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      • #4
        I would try the demand letter. If that doesn't work, your wife may have to sue for payment.
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