Have not gotten paid

[Kiyaballard]

FLORIDA. I was suppose to be paid on the regular scheduled pay day via direct deposit. That morning when I checked my bank account I did not receive my paycheck. At that point I reached out to my employer and the company’s payroll administrator via email stating that I have not been paid. The payroll administrator never replied. My employer about 6 hours later that day replied via email asking if I provided the manager with my information at which point I advised that this information was sent over a month ago because I received my last paycheck via direct deposit. I then sent screen shots of the email correspondence to my employer via email that this info was sent weeks ago and I’ve already received a direct deposit. He then never replied to my email. The next day he texts me and says that he still needs my information to pay me so I resent screenshots to him that this information was sent weeks ago. My employer then says hours later that he will be at the employment site and I can come in and pick up my paycheck in cash. I advised him I am nowhere near there and will need it direct deposited. At this point my paycheck is about 2 days late. He stated that if I am not there tonight to pick it up that they pay every two weeks so I’ll be paid in another two weeks. I stated to him that it has already been over two weeks and he says that he will mail a check. I want to add that this is the second instance. The first pay was almost 2 weeks late. And this check is late as well. Also I assume I am classified as an employee because taxes are withheld but I am technically an independent contractor (I think).

 

[cbg]

If taxes are taken out, you are an employee.

Your biggest problem is that you are in Florida, which does not have a state Department of Labor and which has few, if any, wage and hour laws.

Your choices are as follows: Do it the employer's way and pick up the check; file a wage claim with the US DOL (they will only support minimum wage times hours worked, plus overtime); sue in small claims court.

In the last two methods, expect the employer to argue that the check was available any time you wanted to pick it up, but you never came to pick it up.

 

[Kiyaballard]

If taxes are taken out, you are an employee.

Your biggest problem is that you are in Florida, which does not have a state Department of Labor and which has few, if any, wage and hour laws.

Your choices are as follows: Do it the employer's way and pick up the check; file a wage claim with the US DOL (they will only support minimum wage times hours worked, plus overtime); sue in small claims court.

In the last two methods, expect the employer to argue that the check was available any time you wanted to pick it up, but you never came to pick it up.

Taxes are taken out but I do not have a set schedule and I tell them when I am able to work. I sell beer actually and get paid a commission on the sales. I have been working here since I was 18 but the company has recently been bought. So when I say “first check” I am referring to the first check in 2019. Also as far as arguing that a check was available, I have texts between my employer and I where he is saying that he will have a check constructed 2 days after I was supposed to have been paid already, does this matter? I realize that there isn’t much I can do. Just a little curious because everyone else has been getting paid on time but me. I know this because my dad works here as well and I have friends. And he wanted me to meet him at 9pm to pick up the cash he said if I’m not there at that time then he will have a check constructed and mailed.

 

[commentator]

With what I'm hearing, maybe independent contractor, come in and pick up, check, check has been late a couple of times, seriously, I think what you need at this point is another job. Jobs are easily obtained at the present, and this employer sounds a bit skeevy. And yeah, Florida, your third world state isn't committed to making sure anyone but employers get a break. So do better, vote with your feet after you've gotten THIS paycheck. Go elsewhere, you won't fix this problem.

 

[cbg]

It is very easy to be an employee. It is not so easy to be an independent contractor.

Being an employee gives you more options than being an IC would. Why do you want to be an IC for this purpose?