employer taking advantage of employees

[BellaK]

Name of state: WA
My husband is working for a subcontractor as an employee doing stone installation. He gets paid by the foot and is suppose to get paid every week.
Well It has been 3 weeks and he still has not recieved a check.

The subcontractor is very passive about this like it is no big deal.
My husband found out that they messed up on their invoices and didn't recieve their check, which is what they pay their 2 employees with.

They told my husband that they(the employer) get paid first and whatever is left goes to my husband and the other employee. I guess my question is are they (the employer) responsible for paying the employees their wages regardless of whether they get paid themselves or not?

I suppose it doesnt help that these are friends of ours in addition to being my husbands employer.

It seems as though they are making sure that their own household bills get paid before they pay the employees. My husband is going to jump ship if he cant get them to pay him what he is owed.

 

[Beth3]

So is your husband an independent contractor working for the sub-contractor or is he an employee? There's a big difference in providing you with an answer.

 

[BellaK]

So is your husband an independent contractor working for the sub-contractor or is he an employee? There's a big difference in providing you with an answer.

My husband is an employee of theirs. He filled out a W-4 form, my husband does not have a license to be an independent contractor. It was agreed between them that he would be an employee and would be paid on a weekly basis. Their other employee has not been paid either, yet they (employer) can go out and spend money till they are blue in the face and think that giving my husband a $100 cash on what he is owed is sufficient.

 

[Beth3]

Thanks.

Your husband's employer is REQUIRED to pay him and no less frequently than whatever your State's wage and hour laws require. That's typically either semi-monthly or monthly.

1. If your husband doesn't get paid immediately and for all of his back wages, I suggest he contact WA's Department of Labor and discuss his situation with them.

2. No matter how this pay thing works out, your husband needs to be looking for a new job. These two friends have demonstrated that they cannot properly run a business and that they're going to take care of "number one" regardless of whatever wages are due your husband.

 

[BellaK]

Thank you Beth3