i am a subcontracter.. is it legal for my boss to hold my paycheck for 2weeks?

I just got a new job today thats closer to my house an had to quit my previous
job do to it being to far away. today is 8/30/2017 an i had to quit today an im
supposed to get paid friday the 1st weekly. so i still have 2 paycheck he owes
me. is he allowed to hold my 2nd to last paycheck?

Asked on August 30, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were actually an employee of this boss (that is, you did not meet the definitions, found on the U.S. Dept. of Labor website, of a "contractor," in which case you were actually an employee no matter what they called you), under your state's law, you must be paid any previously unpaid or final paychecks within 15 days or by the next regularly scheduled paydate, whichever is first.
If you were actually a (sub)contractor, you must be paid according the agreement (whether written or oral, or simply "understood" and accepted/demonstrated by past practice [i.e. by when you'd been paid in the past]): so if you were normally paid, say, a week after concluding work, that's when you should have been paid now.
If you were not paid on time by either of the above, the fastest and simplest recourse is probably sue to file a small claims suit, as your own attorney or "pro se," against the employer for the money.


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