Can my employer hold my check for 30 day because I’m a subcontactor?

UPDATED: Sep 30, 2022

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Can my employer hold my check for 30 day because I’m a subcontactor?

My project manager is saying they will
hold my final check for 30 days.i do not
buy any materials or anything of that
nature don’t think it’s legal for them
to hold it?

Asked on August 18, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are an employee--whether officially called one, or simply that you do not meet the criteria of having sufficient "independence" to properly be a contractor--then they can't do this: you must be paid at least twice monthly (basically, every two weeks), and that includes the final check; i.e. the check can't be held for more than about 15 days maximum.
If you truly are a contractor, how long they can hold payment is not regulated by law; it is based on the agreement (i.e. the "contract") between you and the employer as to frequency of payment. When/how fast have they been paying you?
But even if you are employee, there is effectively nothing you can do: by the time you were able to get the state's Dept. of Labor to act or file a small claims lawsuit and get a court date, you would already have been paid.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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