On Your Side Investigators: Getting your paycheck - NBC12 - WWBT - Richmond, VA News On Your Side

On Your Side Investigators: Getting your paycheck

RICHMOND, VA (WWBT) -

What can you do, if your boss won't give you your final pay check? A local woman turned to 12 On Your Side for help getting her money. But, you do have options.

First thing, send a letter demanding your final pay says the Virginia Department of Labor. If that doesn't work, you may be able to file a wage claim with the state or U.S. Department of Labor.

The early morning cleaning job was right for Carlene Delane's family. $27 for three hours of work a day and back home in time for her husband to leave for his job. 

"It wasn't a bad job. Nobody likes scrubbing toilets but it was honest labor," Carlene said.

She quit a short time later and says despite calling and texting the company owner would not arrange for her final pay.

In a text, Carlene wrote: "I called you on July 26th saying that with all the stuff added for me to do I cannot finish in three hours. I told you I was done."

"I have children. I only work part time. My husband's hours at work have been cut back. Every penny counts. You don't have room for people to be just like, I'm not going to pay you. It's not ok," she explained.

Carlene is an Independent Contractor and as a result she loses certain protections like the right to overtime and worker's comp.
   
Also the labor departments, state and the federal, do not accept wage claims for independent contractors. They must pursue disputes in court. But, independent contractors are entitled to their final pay says the U.S. Department of Labor.

"The employee should receive their final paycheck no later than the regularly scheduled payday that the other employees would receive their pay," said Richard Barbour, Assistant Director of the Wage and Hour Division.

NBC12 called the owner of Nooks and Crannies and Carlene got her one hundred and sixty two dollars soon after our interview.

"I want to thank you guys for helping to resolve this issue. I don't think that I would have the money right now if I hadn't talked to you guys. I appreciate that you took an interest in my email," Carlene said.

The company owner blames Carlene for the payment delay. He says she would not provide an address or the direct deposit information he requested.  

Carlene says her address is on the 1099 form she filled out and she wasn't comfortable giving out her bank information. If the company you work for isn't covered under federal law more than likely it is under state law.

"If an employee feels that they are not being paid in compliance with the law, the employee doesn't have to be quiet, they can call us. But, we can't help unless we know," Barbour said.

If you need to contact the U-S Labor Department or the Virginia Department of Labor - click here.

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