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Not receiving paychecks; not receiving them on time.

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shyeli619

Junior Member
What is the name of your state? California, but the company is located in Texas.
I am a personal trainer for a company called National Home Trainers. In order for me to get paid I must fax in or email a payroll sheet and a client sign off sheet, every 1st and 16th of the month. I started training my first client on 9/16, I faxed in the payroll for payroll period 9/15-9/30 on 10/1. When turned in on 10/1 the expected date of arrival of the check is around 11/5. I never received the check. I called and they told me it might have gotten lost so they would send me another. Until now i have not received it. I have been calling almost everyday or every other day for that check but they keep giving me the run around. A second payroll that I faxed in dated 10/1-10/15 and was turned in on the 16th. The check arrived and was dated correctly 11/1/06, but arrived late, it was supposed to arrive by the 5th or 6th, but was postmarked on the 11/9 and arrived on 11/14. A late check. The third payroll I sent in on time dated 10/15-10/31, never arrived on it's expected date. Again I called and told them that it did not come in, and they even said they would cancel the check and send another. I have not received the check. I even threatened not to train a client unless they paid me my checks, and they quickly left a message saying that they were sent out and they were not. They are not very helpful with my situation even though I call them almost everyday, I have not even raised my voice at them. I have gotten a consultation from a lawyer and he said that they are in violation because of not giving paychecks in a timely manner. Yet he said I would have a hard time finding a lawyer who would want to deal with this case because it is only worth but a few hundred dollars. He said the best way to go at it would be a class action lawsuit, but I do not no how to go about finding others who are affected by this company. My questions are, do I have a case against this company? And how do I go about researching other employees who may be in the same situation, so that maybe we could file a class action lawsuit?
 


pattytx

Senior Member
Are you an employee or an independent contractor?

If you are an employee, your employer is already in violation of the law. Nonexempt employees paid semi-monthly must be paid no later than the 10th of the following month for wages earned between the 16th-end of previous month, and no later than the 26th of the same month for wages earned between the 1st and 15th of the month. File a claim for unpaid wages with the California Division of Labor Standards Enforcement. That's free.

If you are an independent contractor, the wage payment laws do not apply to you and you would have to file a civil suit for payment, just like any other vendor of the company.
 

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