NY unemployment won't help with 1099 employer who hasn't paid me for 3 weeks - options?

Unfortunately the DOL is correct - they generally don't handle payment disputes for 1099 contractors. Small claims was the right move, but that wait time is ridiculous. A few suggestions:\n\n1. Send a formal demand letter via certified mail stating that if payment isn't received within 7 days, you'll be pursuing all legal remedies including reporting them to the NY Attorney General's office\n\n2. Contact the NY Attorney General's Labor Bureau directly at (212) 416-8700 - sometimes they'll intervene even with 1099 situations\n\n3. You might actually be misclassified as 1099 when you should be W-2 (very common). If your employer controls when/where/how you work, you might actually be an employee. In that case, file an SS-8 form with the IRS and a misclassification claim with the DOL.

Thank you so much! I never thought about being misclassified but you might be onto something. My boss definitely tells me exactly when to be there and how to do everything. I'll look into the SS-8 form. And I'll definitely try the demand letter first thing tomorrow.

I went thru something similar in 2025 with a web design company in Brooklyn. DOL was USELESS for 1099 workers. What finally worked for me was getting a lawyer to send a letter for like $200. The company paid me within 3 days after that! Sometimes they just need to see you're serious. Might be worth the investment if you're owed enough money.

Good advice but most lawyers charge way more than $200 for demand letters now, more like $350-500 in nyc. Still worth it if ur owed a lot tho

Yeah you're probably right about the cost - it was earlier this year and might've been closer to $300. Still worth it though since I got paid $3800 that was 2 months late!

Small claims in NYC is soooo backed up right now ur better off tryin other things first. Have u tried going to their office in person? Sometimes just showing up and refusing to leave until they pay works. Bring all ur proof with u.

I tried going there once but the receptionist said the owner was 'out of town' (probably lying). Maybe I should try again and be more persistent? I'm just worried about things escalating.

Everyone's giving good advice, but I want to emphasize that if you're truly a 1099 contractor, you should have a written contract with payment terms. Do you have that? If not, that's a red flag that you're misclassified. \n\nBut assuming you are properly 1099, another approach is to contact the NY Attorney General's Office. They have a specific workplace rights bureau. While the DOL might not help, the AG sometimes will, especially if there's a pattern of this employer not paying contractors.\n\nWhen I had payment issues getting through to the DOL about a different matter, I used Claimyr (claimyr.com) to actually reach a human at the state agency. They have this service where they can connect you directly to representatives, bypassing the wait times. They have a video demo at https://youtu.be/Rdqa1gKtxuE that shows how it works. Might be worth trying for reaching someone at one of these agencies who can actually help with 1099 issues.

Does this Claimyr thing actually work? I've been trying to reach an actual person at DOL for weeks about my claim.

It worked for me. Got through in about 20 minutes after spending days trying on my own. They connect you directly to the next available agent.

Before going the legal route, try these simpler options:\n\n1. Document EVERYTHING - hours, emails, texts about the work\n2. Email the company stating that you'll be filing a complaint with the Better Business Bureau, leaving reviews on Google/Yelp, and contacting all their clients about non-payment if not resolved by X date\n3. If they have any social media presence, sometimes a public (but professional) comment about payment issues can motivate them to resolve it\n\nMany companies will pay to avoid the bad publicity. Only escalate to legal options if these don't work.

These are great ideas. I have all my hours documented with texts confirming assignments. I'll try the email approach first and mention the BBB. They do have a fairly active Instagram so that could be leverage too.

Another thing I just thought about - if this company operates in NYS, they might need various licenses depending on their industry. Threatening to report them to their licensing board can sometimes work wonders. What kind of work do you do for them?

I do graphic design work for their marketing materials. Not sure what licenses they'd need for that, but they're a home renovation company so they definitely have contractor licenses they need to maintain.

Perfect! Home renovation contractors in NYC need licenses from the Department of Consumer and Worker Protection. Mention that in your demand letter - that you'll be filing a complaint with DCWP about their business practices if they don't pay. That should get their attention fast!

hey also if ur doing design work u own the copyright to ur work unless u signed it away!!! u can send a cease and desist letter telling them to stop using ur designs until they pay u. thats what my friend did when a restaurant didnt pay for her logo design

This is actually excellent advice. Copyright leverage is very powerful, especially if they're actively using your designs in their marketing materials. Just make sure you didn't sign away rights in any contract.

UPDATE: Thanks for all your suggestions everyone! I sent a formal demand letter yesterday via certified mail and also mentioned reporting them to the DCWP regarding their contractor license AND that I would retain copyright claims on all my design work. The owner called me this morning and suddenly had a

Great news! Make sure you get the payment agreement in writing (email is fine). And if possible, ask for a check rather than promised electronic payment - it's harder for them to reverse a check payment once you've deposited it.

Fantastic! The licensing board threat usually works wonders for contractors. They can't risk their business license over a few weeks of pay. Let us know if you get the money!

my cousin is a construction worker n this happens ALL THE TIME with 1099 people in every industry. its a huge problem in ny. once ur paid make sure u report them anyway so they cant do this to the next person 👍