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Contact the labor board first, they will likely hold a little more clout in his eyes. With a small claims action, you get the money he owes you, and he walks away having to give you 40 or 50 bucks and suffers no scrutiny. With the labor board, they are gonna wanna see his payroll records, time cards, proof of overtime pay, proof he's paid any benefits offered, proof of workmans comp payments etc. and they may require he pay you interest.
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