Unpaid Wages and Commissions

Unpaid Wages and Commissions Lawyer: Legal Help for Recovering What You’re Owed!

If your employer has withheld your wages, unpaid commissions, or overtime, you don’t have to fight alone. Our experienced employment attorneys at Mercer Legal Group are here to help you recover every dollar you’ve earned.

Schedule a free consultation today with our unpaid wages and commissions lawyer!

What Are Unpaid Wages and Commissions?

Unpaid wages and commissions occur when an employer fails to pay an employee the full compensation they have legally earned. This can include wages owed for regular hours, overtime hours, sales commissions, bonuses, and unused vacation pay. Under both federal law, like the Fair Labor Standards Act (FLSA), and state wage and hour laws, workers have the right to be paid fairly and on time.

These situations often happen when an employer misclassifies workers as exempt, makes unlawful deductions, withholds a final paycheck, or ignores an employment contract or commission agreement. For employees, the impact is usually financial and emotional. Missed paychecks, unpaid commissions, or stolen tips can create emotional stress, financial hardship for families, and damage to a worker’s trust in their company.

You can start the claim process to recover owed wages, benefits, and compensation for your hard work by filing a wage claim form with the proper state or federal department or pursuing legal action with the help of an attorney. At Mercer Legal Group, we guide you through each step, helping you file, gather documents, and fight on your behalf to recover what’s rightfully yours.

Types of Unpaid Wages and Commission Cases

Overtime Pay Violations
Missed Commission Payments
Minimum Wage Violations
Final Paychecks
Tip Theft and Improper Deductions
Contract Breaches

Unpaid wage and commission cases take many forms. Below are some of the most common violations employees face:

Overtime Pay Violations: When overtime hours worked beyond 40 per week are not properly compensated at time-and-a-half, workers can file a wage claim under the Fair Labor Standards Act and state hour laws to recover their wages owed.
Missed Commission Payments: Sales employees often face wage theft when an employer withholds sales commissions, fails to honor a commission agreement, or delays commission payments. These unpaid commissions are recoverable through a claim process or lawsuit.
Minimum Wage Violations: If an employee is not paid at least the minimum wage, they may be entitled to recover money owed under both state and federal law. Employers cannot use improper deductions or tips to reduce wages below the legal threshold.
Final Paychecks: Workers are entitled to their final paycheck, including all wages, bonuses, and unused vacation time, when leaving a job. Failure to pay violates employment agreements and wage and hour laws.
Tip Theft and Improper Deductions: Employers sometimes unlawfully take tips, pool them incorrectly, or make deductions for items like uniforms or breaks. This form of wage theft can significantly reduce an employee’s earnings.
Contract Breaches: When an employment contract or commission agreement is not honored, workers can pursue a settlement or file a lawsuit to enforce the terms in writing and recover wages owed.

Other examples include unpaid rest breaks, denial of promised benefits, unpaid bonuses, or violations involving more than one employer in joint employment situations. In some cases, workers have up to three years to file a claim form and seek compensation.

Who Can Be Held Liable for Unpaid Wages & Commissions?

When it comes to recovering unpaid wages and commissions, liability may extend beyond just your direct employer. The law recognizes that several parties can share responsibility depending on the circumstances of the employment agreement and how wages owed were handled.

First and foremost, employers are usually the primary party held liable. They may fail to pay agreed wages, withhold commission payments, or misclassify employees as independent contractors to avoid compliance with wage and hour laws such as the Fair Labor Standards Act. This kind of wage theft can leave workers without the money owed to them for their hard work.

In some cases, payroll companies or third-party administrators may also be responsible. Errors, negligence, or failure to follow instructions when processing wages, bonuses, or overtime hours can lead to serious shortfalls in an employee’s paycheck. If these mistakes result in missing final paychecks or unpaid commissions, liability can extend to these service providers.

Additionally, if business owners and corporate officers exercised control over payroll decisions, ignored complaints, or knowingly violated hour laws, they may face personal liability. Courts often recognize that those who directly control the payment of employees can be accountable for owed wages and penalties.

Finally, staffing agencies can share responsibility for wages owed to employees they assign to client companies. Even if a worker performs services for another business, the staffing agency is still considered an employer under many federal and state laws and must ensure full payment of wages, commission agreements, and benefits.

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Mercer Legal Group, PC

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Diana Gomez

20:06 27 May 25

When I first contacted Simon, I was in a terrible personal state because of what I had endured.

Simon was attentive, responsive, professional, calm, and a real advocate. He helped me find the strength to use my words to express myself when I felt I had no voice.

He was realistic with me. Explained the process and ALWAYS had my best interest in mind.

I especially appreciated the way he conducted himself with the other attorneys who kept trying to make me feel bad about myself. Simon is going to speak up for you, represent you, and won’t let you be bullied. Simon will not back down!

I am so thankful Simon went to law school and was there for me when I needed him.

If you’re ever in need of a brilliant attorney to represent you I highly recommend Simon.

There aren’t enough words for me to express my gratitude to Simon and his team for helping me through the most difficult moment of my life.

Jess Harshbarger

01:34 24 May 25

When I initially shopped my case around, I got very discouraging responses from most of the firms that I reached out to. After I had already lost hope, Mercer Legal Group reached out to me and asked for me to send along everything I could pertaining to my situation. Simon then assured me that I *did* have a case, and for the next year, fought tirelessly to right the wrong that had been done to me.

I had absolutely no experience in legal matters whatsoever, and Simon stayed honest and direct with me while he patiently explained strategies, his logic behind decisions, and always kept my expectations grounded. Throughout the past year, he has also gone out of his way to remind me that what happened to me was genuinely wrong. It was a kind and needed reminder as we dealt with the other issues around my case. He worked hard to foster a trust between us, and I can say unequivocally that my trust was well-placed. He delivered above and beyond what I was hoping for.

I plan on recommending Mercer Legal Group to anyone seeking help with employment law. Above and beyond in dedication, professionalism, and empathy. I will forever be grateful to Simon and his team.

Alex Piceno

01:46 23 May 25

I wanted to highly recommend Law Mercer Group!!!!! If I could give them 10 stars, I would. Law Mercer Group is amazing! I did not know what to expect when it came to my lawsuit, but from day one, they gave me ease and comfort in knowing my case would be handled accordingly. They go above and beyond in every aspect, answer all my questions whenever I had doubts, and guide me step by step on what was going on and what our next steps were. They follow through in every detail and never leave you in the dark. Thank you, Law Mercer Group and Staff.

M B (Mirdy)

15:56 11 Apr 25

Would hands down recommend them again and again! I’m so grateful to have had Simon Moskovich as my lawyer and Mercer Legal Group behind me through it all. They’re great at what they do and definitely recommend them for any of your needs!

Lesley Benitez

17:37 28 Feb 25

Simon, was super attentive and nice. He would update me when I need to be updated. Javier was super nice and answered all the questions I had. The process went smooth. I will highly be recommending!!

Luis

02:52 04 Feb 25

We had the pleasure working with Mercer Legal Group recently it was a good experience they were fast and easy to work with. They explained everything well and also got back on time. Answered all of our questions as well highly recommend them.

jesse hernandez

18:20 31 Jan 25

Simon is an excellent lawyer. Called the law firm not knowing anything on how to get started with a case and they explained everything. I explained my case to Simon and he told me he’d take care of everything and keep me updated. He kept me updated till the time came to settle the case and had an excellent outcome I’d recommend them to anyone who needs an ongoing case.

Justin

19:36 24 Jan 25

I recently had the pleasure of working with Mercer Legal Group, and I must say, the experience was nothing short of exceptional. From the outset, their professionalism and dedication were evident, transforming what could have been a daunting legal process into a journey marked by clarity and confidence.

Special commendation must go to Simon, my attorney, whose expertise and strategic acumen were instrumental in securing a favorable settlement for my case. Simon not only provided me with hope but consistently surpassed my expectations. His profound understanding of the law, combined with his relentless pursuit of justice, led to a victorious outcome that I had initially thought unattainable. His ability to navigate complex legal waters with such finesse was truly inspiring.

Equally deserving of praise is Javier, the paralegal who supported me throughout this ordeal. Javier's commitment to keeping me well-informed was invaluable. He demonstrated exceptional patience, accommodating my often challenging work schedule to ensure I was never out of the loop. His thoroughness and attentiveness made all the difference, providing me with peace of mind during what could have been a tumultuous time.

Mercer Legal Group, through the exemplary work of Simon and Javier, has not only met but exceeded the highest standards of legal practice. Their combined efforts have not only resulted in a successful case resolution but have also left me with a renewed faith in the legal profession. I wholeheartedly recommend Mercer Legal Group to anyone in need of legal representation that is both intellectually rigorous and deeply empathetic.

Tania Marquez

19:08 21 Nov 24

My experience was amazing. Simon was great with communication, very knowledgeable, and helpful. I am pleased with the outcome of my case. 10/10 would recommend!

Eunice Peraza

23:16 18 Nov 24

My experience with Simon Moshkovich was nothing short of amazing! Mercer Legal Group is truly dedicated to providing excellent service, making me feel confident that my case was in the best possible hands.
The Customer Service provided by them throughout the entire process was awesome. From day 1 thru the end I was always well informed and
kept up to date on the status of my case. I would definitely recommend and use them again if needed.

Possible Compensation in Unpaid Wages and Commissions Cases

Employees who experience wage theft, unpaid commissions, or withheld final paychecks have the right to seek financial recovery through the claim process. Depending on the details of the case, state wage and hour laws, and the Fair Labor Standards Act (FLSA), workers may be entitled to several types of compensation. Below are the most common forms of recovery available:

Back Pay for Unpaid Wages or Commissions: This includes all wages owed, missed commission payments, bonuses, and other earnings that should have been paid under an employment contract or commission agreement.
Overtime Pay for Hours Worked Over the Legal Limit: If an employer failed to pay proper rates for overtime hours, employees can recover the difference between what was paid and what was legally required.
Liquidated Damages or Penalties Under Labor Laws: Under federal law and many state hour laws, workers may receive an additional amount equal to the unpaid wages as a penalty when violations are proven, effectively doubling the recovery.
Reimbursement for Legal Fees and Associated Costs: Courts often require the employer or responsible party to cover the attorney fees, claim form costs, and other documents needed to pursue the case, ensuring workers are not burdened by the expense of enforcing their rights.
Interest Accrued on Delayed Payments: In many cases, employees are also entitled to collect interest on delayed or withheld payments, compensating them for the time they went without their rightful money owed.

Why You Need an Unpaid Wages & Commissions Attorney

Pursuing a wage claim on your own can be overwhelming, especially when facing a company with more resources and legal knowledge. An experienced unpaid wages and commissions attorney ensures your rights are protected and increases your chances of recovering the wages owed.

An attorney can carefully review your employment agreement, commission agreement, and payroll documents to establish the exact amount of money owed. They understand complex wage and hour laws, the Fair Labor Standards Act, and state-specific hour laws, making sure your claim is filed properly within deadlines that can be up to three years.

Working with a lawyer also means having a strong advocate to communicate with your employer, payroll company, or staffing agency on your behalf, reducing the stress and emotional toll of the claim process. Attorneys can pursue multiple legal avenues, whether through a settlement, an administrative claim form, or a full lawsuit, ensuring no potential recovery is left behind.

Finally, an attorney can help you recover unpaid wages and commissions, overtime pay, penalties, and benefits. They can also assist in recovering bonuses, interest, and reimbursement of your legal fees. With the right representation, you stand a much stronger chance of securing the compensation you deserve for your hard work.

How Mercer Legal Group Can Help You

At Mercer Legal Group, we know how devastating it can be when an employer withholds wages owed, delays commission payments, or violates wage and hour laws. Our team of experienced employment attorneys will review your employment contract or commission agreement, gather the necessary documents, and guide you through the entire claim process.

We fight tirelessly to recover your unpaid wages, overtime hours, bonuses, vacation pay, and other benefits so you can move forward with financial security. Mercer Legal Group is here to stand by your side and demand accountability from your employer. We don’t just help you file a claim; we work to maximize your recovery and protect your rights every step of the way.

Championing Your Rights: Expert Unpaid Wages Lawyer at Mercer Legal Group!

Mercer Legal Group is dedicated to handling all types of unpaid wage cases, ensuring employees receive the pay they have rightfully earned. We specialize in disputes such as:

Our lawyer for unpaid wages understands the complexities of wage and hour laws, crafting strong cases backed by detailed investigations and compelling evidence. We work diligently to recover compensation for unpaid wages, interest, penalties, and other damages. If a fair settlement cannot be reached, our seasoned unpaid wages lawyers are prepared to advocate for your rights in court. Mercer Legal Group prioritizes keeping you informed and supported throughout the process. Employees facing wage disputes receive exceptional legal representation and guidance from our skilled lawyers. Contact Mercer Legal Group today to schedule your free consultation and take the first step toward recovering what you’re owed.

FAQ

Dealing with unpaid wages or unpaid commissions can be confusing, especially when you’re unsure of your rights under wage and hour laws. Below are answers to some of the most common questions employees have when pursuing a wage claim or considering legal action:

What if My Company Won’t Pay Me My Commission?

You may file a wage claim form with the state labor department or pursue a lawsuit with the help of an attorney to recover commission payments. Both state and federal law protect your right to receive agreed-upon sales commissions.

What Is the Law for Unpaid Wages?

The Fair Labor Standards Act (FLSA) and state hour laws require employers to pay at least the minimum wage, plus all earned overtime hours and wages. Failure to do so may result in penalties, liquidated damages, and back pay.

Do Commissions Count as Wages?

Yes. In most states, commission agreements are considered part of an employment contract, meaning unpaid commissions are treated as wages and protected by wage and hour laws.

How to Sue for Unpaid Commissions?

You can file a claim with the labor department or bring a lawsuit against your employer with the help of an unpaid wages and commissions attorney. Having legal representation improves your chances of full compensation.

Can a Company Withhold My Commission if I Quit?

In many cases, the answer is no. If your employment agreement or commission agreement states you earned the commission before quitting, the employer must still pay the money owed.

How Much Should an Employment Lawyer Cost?

Many employment attorneys handle wage claim cases on a contingency basis, meaning you pay nothing up front and only if they recover the wages owed to you. Some may also offer hourly or flat fees depending on the case.

What Is the Statute of Limitations on Unpaid Wages in NY?

In New York, workers generally have six years to file a claim for unpaid wages or commissions. Under federal law, most claims must be filed within two to three years, depending on the violation.

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