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First of all, is this a FORMER employer or a CURRENT employer? And if it is a CURRENT employer, do you want to continue working for him/her? If you no longer work for this person, and have no desire to do so in the future, you can and should start the legal ball rolling. Here's how you do it.
Your first step is to send your employer a letter stating SPECIFICALLY how much money you believe you're owed, what the money represents (X number of hours, at Y rate, incurred during Z period of employment), and that he/she has 30 days to pay you in full. If the money is not paid in full by the date specified, you intend to pursue any and all legal remedies available to you in order to collect the debt. You might want to call your local bar association and ask if your State has any required language that you MUST include in your demand letter in order to comply with the Fair Debt Collection Practices Act. Then you wait 30 days.
If, after 30 days, the debt is still unpaid, and your employer has failed to make other acceptable arrangements, you file your lawsuit. Consult the local rules of the Courts in your County to see which Court you should file in (in most States, if the amount is less than $5,000, you can sue in Small Claims Court, and if it's less than $20,000, you can sue in Municipal Court). The Clerk's Office at your local courthouse may be able to answer that question for you as well.
Assuming that you successfully sue your employer, and win a Judgment for the amount in question, you can then start the collection process and work on actually getting your money.
You can also report your employer to the State Attorney General, if you like (as mentioned above), or try to get help through your Union Rep (if you're in a Union). But I think you'll find that most Courts (particularly people who work in the Clerk's Office) are willing to help walk you through the process if you decide to sue.
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