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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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