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Employment Law/can a contractor i work for withhold a check? (texas)


i do excavation work for a contractor, on a job i damaged a couple of electrical pipes (just the conduit). when i went to get my paycheck they said that i would not be getting that until i filed a claimed with my insurance. the following week they said that since i didn't have workers comp. insurance they had to backcharge me for whatever they had already paid me. when i told them that they never said i needed that insurance and since i'm a independent subcontractor i thought i didn't need it (i have my own gl insurance,they are named as additional insured) they claimed i missunderstood and that they needed to take 7% each week to pay for workers comp. and when i asked to see the paper i signed when i started working for them, they said they could not find it and gave a new one to sign, this one saying that they will take money from me since i dont have workers comp. when i asked them again they said that they needed something in writting saying that my insurance was taking care of it, so i could get paid. since i didn't work for two weeks during christmas and new years weeks, i asked them for a check and they said they are not going to pay me until this claim for the electrical conduit gets paid (they say that the city is charging the builder for the damages and the builder is charging them and they say they are not paying me until that gets paid so they dont end up paying the bill)as far as i know nobody has received a bill (the builder or the contractor)this happened back in november. so can they really hold my check until that gets paid? this can take some more time as the insurance says they are investigating

Worker's compensation is to protect you if you are injured and not to pay for broken pipes. This is a cost of doing business and is covered by liability insurance. Worker's comp does not pay this type of payment. You can get your worker's comp cheaper that 7% that is not fair to you. Holding your check is not fair either. They could have insurance to cover damages.

I would try the labor board at Department of Labor and if that doesn't help go to the better business bureau or even take the person to small claims court.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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