is it leagel to hold wages from a person who was working by the hour?

Question

this person was subcontract labor. and they are holding wages for hours worked

this person works in georgia. they are holding wages for hours worked. this is also working as subcontract labor.

Answer 1

It might be helpful to us if you provide a little context for your question.
All of the scenarios above are situations where an employer can hold back wages:
-All those state, Federal, and local taxes and such
-Paying you on the company's pay schedule rather than at the end of each day
-If there is a lien or garnishment against your wages from a legal judgment or debt collection.

They cannot hold your wages if you've terminated your employment or if they terminated your emplpoyment. They have a specific number of hours after your termination to get you your final pay check, or they owe fines and interest depending on how long it takes them/took them to comply. The number of hours depend on where you live.
There are probably scenarios where they can hold your wages, though. Such as if you are required to pay for uniform items, equipment, or something similar, if they aren't returned after your dismissal/departure.
Again, a little context will help us give you better answers.

Answer 2

I respectfully disagree with my fellow Yahoo Answerers.

As an indepedent contractor (NOT an employee), the person is relegated to the terms of the contract he or she signed with the principal, especially those concerning compensation for work performed. Thus, this is not a wage matter (which pertains to employees), but rather a contract matter.

If principal is acting outside those obligations contained in the contract concerning the method, amount, time of payment, etc., then the principal may be in breach of contract. As such, contractor's remedy is for breach.

In many cases, the limitations for breach is 4 years, and one can sometimes get attorney's fees provided that an attorney for the contractor provide written demand, a claim for attorney's fees and there is no response. Good luck!

Answer 3

To withhold wages from a person is illegal unless there is some type of judgment ie: child support, IRS etc.
If you are due money, and have not received it for hours worked, you need to contact the US Department of Labor and file a complaint.
However, if you are due to be paid on certain days of the month, some employers may withhold a weeks pay, and then continue with normal pay periods as planned, but that should have been explained to you before you accepted the job.
If you are referring to taxes, yes, that's something entirely different, and something every employer does.
If you are referring to items such as uniforms, as mentioned above, yes, they can withhold money until the items are returned, unless you have already paid for them.
But in any of the cases mentioned, I suggest you have written proof of your complaint. ( time card, receipts etc. )

Answer 4

What do you mean by "hold wages"?

If you mean hold your pay until payday, then yes, it is legal.

Different states have different laws on how often hourly employees must be paid, but usually it is weekly or bi-weekly.

And it is still not clear if his friend is a casual or day laborer who works for a subcontractor or the subcontractor himself, so I'm not sure where AGLaw got "indepedent contractor" from.

The bottom line is .. how often did your friend agreed to be paid?
Daily, weekly, etc? And who was supposed to pay him?

Answer 5

Hold them for how long? If the employer pays on a regularly scheduled basis, you should get paid when everyone else does, unless you started inthe middle of a pay period, in which case, you get paid on the next scheduled payday. By the way, the correvct spelling is LEGAL! If you think you're smart enought to type a question, it shouldn't be that hard to click on the Check Spelling button.

Answer 6

What you have sounds like a labor dispute. Clarify the REASON wages are being held, then contact US Department of labor with a complaint. Your documentation must be really good to win.

Answer 7

Yes. I get paid by the hour, and I don't get my pay except on the 15 and the 30th of the month. My employer is holding my wages until the pay day.

Answer 8

it depends on what the wages are being held for..
example: if some one got fired and there wages are being held until there uniform is returned..

Answer 9

Yes.

Answer 10

Yes, it's called federal income tax witholding (FICA).