I ran into a similar situation, and the DOL sent a threatening letter to my boss, and he complied about as quick as he received it. I considered small claims, but that would have taken months and I'd have to pay for lawyer. DOL is quick (at least in NH). I filed on Saturday, he received the letter on Thursday, and he had to pay by Monday (10 days). If he refused, then the state would defend me.
Oh, it is all actionable if he misses the pay period.
Good luck.
I ran into a similar situation, and the DOL sent a threatening letter to my boss, and he complied about as quick as he received it. I considered small claims, but that would have taken months and I'd have to pay for lawyer. DOL is quick (at least in NH). I filed on Saturday, he received the letter on Thursday, and he had to pay by Monday (10 days). If he refused, then the state would defend me. Oh, it is all actionable if he misses the pay period. Good luck.