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I have been employed at an RV Park since April 2016; and my Employer has yet to pay me in a timely manor and I have no scheduled pay days. When I was hired i offered to give my identifaction cards which I emailed my Drivers Licsene, however my boss told me that when I file my taxes to fill out a W9. I don't receive paystubs. And as a result I can not pay my bills in a timely fashion because I don't know when I'm getting paid.
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Under the Texas Payday Act (Texas Labor Code Chapter 61), an employer must pay a salaried employee once per month and an hourly employee twice per month. The employer must also give employees notice of the pay dates.
Your employer is probably trying to evade its obligation to pay employment taxes, overtime and workers compensation by treating you as a "1099 Employee" - There is no such thing, but we see it all the time.
You can report the employer to the Texas Workforce Commission - Labor Law Department, but you may well get fire for that report, as the Payday Act has no anti-retaliation provision in it.
If you allow yourself to be treated as a contract/1099 employee, you are going to have some future headaches with taxes owed to the IRS, if you are injured on the job or if the employer makes you work more than 40 hours per week. You should give some consideration to finding a new job.
Answered on Jan 02nd, 2017 at 8:26 AM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.