I have not been paid for 1 month's work

[elnet]

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

I worked for an on demand delivery service as an independant driver through a local llc business owner. All employees never got a check stub, just received a paper check. Everytime I went to cash my check the owner requested that I delay because funds were short. I tried cashing some of the checks but they bounced. When I told the business owner he paid cash, but I still have two checks totalling almost 4k from March. Now the local llc has left the parent delivery service. I imagine that there is a limit as to how long I have to recover anything from him.

If he doesn't pay, can I go after the "main" business? Any recommendations?

 

[Zigner]

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

I worked for an on demand delivery service as an independant driver through a local llc business owner. All employees never got a check stub, just received a paper check. Everytime I went to cash my check the owner requested that I delay because funds were short. I tried cashing some of the checks but they bounced. When I told the business owner he paid cash, but I still have two checks totalling almost 4k from March. Now the local llc has left the parent delivery service. I imagine that there is a limit as to how long I have to recover anything from him.

If he doesn't pay, can I go after the "main" business? Any recommendations?

It sounds like you were working for, in essence, a franchise. You weren't working for the "parent delivery service".

 

[elnet]

It sounds like you were working for, in essence, a franchise. You weren't working for the "parent delivery service".

Ok, but what should I do? 4k is a lot of money.

Yes, I believe it was a franchise

 

[Dandy Don]

Every state has a Labor Board or a Labor Department that takes complaints about not paying employees correctly and legally.

You need to file a complaint with your state's department of labor.

 

[eerelations]

If OP was indeed being paid "under the table" according to all that phrase implies, then making a claim with a DOL or with small claims court is going to open him up to all sorts of costly headaches with the IRS. This is why working under the table is such a bad idea for workers, they have no protections anywhere. (Because they are essentially breaking the law, and trying to access any protections will expose this.)

 

[AdjunctFL]

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

I worked for an on demand delivery service as an independant driver . . . All employees . . .

Could you clarify your status? An independent driver is not an employee. You're either an independent contractor (business man) or an employee, not both. If an independent businessman, the Department of Labor or Labor Board is going to be of no assistance to you as they don't assist in recovering business debts.

 

[eerelations]

If OP was indeed being paid "under the table" according to all that phrase implies, then making a claim with a DOL or with small claims court is going to open him up to all sorts of costly headaches with the IRS. This is why working under the table is such a bad idea for workers, they have no protections anywhere. (Because they are essentially breaking the law, and trying to access any protections will expose this.)

Please ignore this post. I got it mixed up with another thread. I keep trying to delete this post but oh no it won't go!

 

[elnet]

Every state has a Labor Board or a Labor Department that takes complaints about not paying employees correctly and legally.

You need to file a complaint with your state's department of labor.

Yes, I mean independant contractor. No, I was not paid under the table a (correction)1099-miscwas provided for 2015 and I paid the tax on that. He gave out handwritten checks on many different accounts but never gave a check stub. I have two checks still in my possession for a bit under 4k.

I contacted him yesterday, to see if there is any progress on payment and he did text me to ask for my bank account info, but still don't see a deposit.

 

[Zigner]

Yes, I mean independant contractor. No, I was not paid under the table a w-2 was provided for 2015 and I paid the tax on that. He gave out handwritten checks on many different accounts but never gave a check stub. I have two checks still in my possession for a bit under 4k.

I contacted him yesterday, to see if there is any progress on payment and he did text me to ask for my bank account info, but still don't see a deposit.

Independent contractors don't get W2's...

 

[eerelations]

Yes, I mean independant contractor. No, I was not paid under the table a w-2 was provided for 2015 and I paid the tax on that. He gave out handwritten checks on many different accounts but never gave a check stub. I have two checks still in my possession for a bit under 4k.

I contacted him yesterday, to see if there is any progress on payment and he did text me to ask for my bank account info, but still don't see a deposit.

Agree with Zigner, ICs don-t get W-2s. If you got a W-2 then you're not an IC.

And yes, we all know you weren't paid under the table.

 

[Zigner]

California requires that employees be given a pay stub with their pay check. (See http://www.dir.ca.gov/dlse/faq_paydays.htm, item 8 in particular).

I would contact the state and make a wage claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

 

[elnet]

California requires that employees be given a pay stub with their pay check. (See http://www.dir.ca.gov/dlse/faq_paydays.htm, item 8 in particular).

I would contact the state and make a wage claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

He is no longer a franchise, but went out on his own, would the state still do something to him? I last worked for him march 2016.

 

[Zigner]

He is no longer a franchise, but went out on his own, would the state still do something to him? I last worked for him march 2016.

That's a great question to ask the folks at the State.

 

[AdjunctFL]

He is no longer a franchise, but went out on his own, would the state still do something to him? I last worked for him march 2016.

If you are an independent contractor (as you last clarified and noted in post #8) you're not going to get any assistance from the state, as they don't assist in the collection of private debts. You might complain to the state labor board that you were in fact an employee despite signing on (and presumably agreeing to be) an independent contractor, but having them decide an employee vs. independent contractor issue is a whole new and complicated question.

 

[eerelations]

OP's best bet is small claims court.