Holding paychecks for 1099 employee

[Courtneybells]

What is the name of your state (only U.S. law)?

 

[Courtneybells]

I am a 1099 employee at a salon... this past Saturday I missed worked because I was sick. I went to a care clinic that morning. I have all documentation of this. We normally get paid for the previous week on saturdays. I said I wanted to pickup my paycheck and she said I couldn't have it because I missed work. Is she legally allowed to hold my check?

 

[cbg]

You are either an employee and get a W-2, or you are a contractor and you get a 1099. There is no such thing as a 1099 employee.

If you get a 1099 and are a contractor, then wage and hour laws do not apply to you and the answer of what she can do will be found in your contract.

 

[Courtneybells]

I am 1099... the contract states we get paid for the previous Saturday-Friday every Saturday. I feel she was just trying to "punish" me by not letting me get it that day.

 

[cbg]

You'll have to show a copy of your contract to an attorney in your state if she doesn't give you your check on Monday. As I said, wage and hour law does not apply here and I can't read your contract from where I'm sitting.