Why is my employer holding my check

Well to start with, your question reveals another issue.  There is no such thing as a 1099 employee. Someone who performs labor for a company is either an independent contractor or an employee.  If the person is an independent contractor, he is paid by the job, is responsbile for his own tools, supplies, is not paid by the hour, does not take direction as to the details of his work from the company and may loose money if he doesn't bid the job correctly. Employees, on the other hand, usually record their time, are paid by the hour, are subject to the direction of the employer who provides supplies and tools. Many employers try to get out of paying workers comp, taxes, overtime and benefits by calling folks who are really employees independent contractors. If you worked overtime during the time you were a "1099 employee" and were not paid time and a half for the overtime hours, you have another claim. As for the paycheck issue, you can contact the Texas Workforce Commission, Labor Law Department and file what is known is a PayDay Act Claim.  If any of that pay relates to a time when you were a "1099 employee" be sure to tell them that you were really a misclassified employee.  They will pursue the claim for you for free, but it takes several weeks. If you are owed any significant amount of overtime or if the employer treated a number of folks who who should have been classified as employees as independent contractors, you can contact a labor & employment attorney in your are or the US Department of Labor - wage and hour division.