QUESTION
my last job has not been wanting to pay me for the last 3 weeks
Asked on Aug 28th, 2013 on Labor and Employment - Texas
More details to this question:
I have been working for this guy welding he pays me $10 an hour at first he told me he was not going to pay over time and I sayd its fine as long as he doesn't take taxes away and three weekd later he starts taking money away and he told me and the rest of the workers he was going to start taking taxes away then I asked him if he was going to pay over time he sayd no and I asked why and he sayd I dont have enough money to be paying over time so then I asked if we had to fill out a paper to put our ssn and our dependents if we had any and he sayd no and each one of the guys out there work 40-60 hour weeks but he has not payed me for 3 weeks and I quit Wat do you sujest I do because I was going to go this friday but if he didn't pay me this time I was going to contact a lawyer
1 ANSWER
2 Awards
There are multiple issues present in your question.
If the employer is required to pay overtime (most are) he has no choice but to pay 1.5 time the regular hourly rate to employees who work more than 40 hours per week.
If the worker is doing a job which the company provides to others (ie a welder for a welding company, a bus driver for a charter company, a laborer for a landscape company) then the worker is an employee and not an independent contractor. The employer is required to withhold taxes and match those taxes with the employer's share of employment taxes.
Employers are required to pay non-exempt employees (hourly non-management employees) at least twice a month.
Contact the Texas Workforce Commission - Labor Law Department and file a "payday act complaint" for the non-payment of wages. Contact the US Department of Labor - Wage and Hour Division for the non-payment of overtime.
You can also contact a private attorney to assert these claims for you in court.
Answered on Sep 02nd, 2013 at 10:01 PM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.