Non payment of wages
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Non payment of wages
I work for a cleaning company. No taxes taken
out of pay. Owner makes schedule, sets rate of
pay and sets start time and hours spent at job.
At the end of cleaning, I receive a check for
service, in business owners name, and take
her the check. My last pay was 10/26/18. Now
usually I was getting paid every week, then it
went to every 2weeks and now all the sudden,
she thinks she can pay me at her will. I am
owed money and its been over 3 weeks and
she is giving me a hassle about paying me. As
a sub contractor, which she says I am, when
does she have to pay me. I say when job is
done. But she says she can pay as many as 46
days after job is finished. What is the law on
how u pay a sub contractor?
Asked on November 19, 2018 under Employment Labor Law, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Based on what you write--on the degree of control the business owner has over your schedule and how/where you work--you are NOT a subcontractor: you are an employee. As an employee, not only must you be paid biweekly or semimonthly, but the employer has to pay the employer portion of social security and medicare, etc. taxes for you; has to pay you overtime if you work more than 40 hours in a week; and may owe you vacation or sick days, or health insurance, if such are provided for their employees. Contact the department of labor again and ask about filing a "misclassification" complaint. Good luck.
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