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When it comes to firing workers in New York, employers have an unfair advantage. All workers in the state are employed \u201cat will,\u201d which means they can be fired with or without cause and with no advance warning.
For example, Illinois, which you have selected as the applicable state for this inquiry, requires payment within 13 days after the close of each pay period. So if you failed to pay an employee actual wages due (as opposed to vacation time), you would want to correct the problem within 13 days of wage payment.
You can claim up to 2 years back as long as there is not a gap of 3 months or more between deductions.
File a complaint: If your boss won't respond to your concerns about payment under the minimum wage or failure to pay a premium for overtime hours, you can file a complaint with the U.S. Department of Labor, Wages and Hour Division, which enforces the Fair Labor Standards Act (FLSA).
Can they do this? Yes. If you are not in a union and do not have an employment contract, an employer may change the conditions of employment, including salary, provided that he or she pays at least the minimum wage and any required overtime, and continues to follow any other applicable laws.
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The only deductions your employer can take from your pay are deductions he or she must take and deductions you have agreed to. Your employer must have your agreement in writing. Your employer cannot decide to take other deductions out of your pay for any other reason.
Generally, unless you have a contractual right to make the deduction for the mistake, or the employee agrees in writing before making the deduction, the deduction will be unlawful. In this circumstance, the employee could pursue a claim to recover the amount they have been underpaid.
The federal Department of Labor (DOL) is very clear: Employees have two years to recover any wages lost through underpayment. That's two years from the date when the underpayment took place; if they don't learn about it until five years later, they're out of luck.
§ 195-5.1 Deductions for Overpayments The employer may make deductions to recover overpayments for a period of six (6) years from the original overpayment; (b) Frequency.
Under the Fair Labor Standards Act (FLSA), employers in the United States are not required by law to provide written notice of termination to an employee.

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