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Contractor not getting pd from NM New Mexico

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  • Contractor not getting pd from NM New Mexico

    I have at least 2 weeks worth of pay coming from a cable contracting comp that is based in NM but i live in Missouri, there is also a $1000 retainage that is due, but i know none of the contractors that have been let go have recieved that money. As of today they are 1 week behind on paying and I need advice on how to go about getting this money, what can be done...there are two other contractors involved in this, as well, so this may be a multiple "suit" if it comes to that. Please Advise-Thanks!!!

  • #2
    Not everyone uses the word "contractor" in the same way. So let's be sure that we are talking about the same thing. Are you being treated as an employee (taxes withheld from pay, W-2 at year end) or as in independent contractor (no taxes withheld from pay, 1099 at year end)?

    Very basically employees only are subject to labor law. In addition to the courts, employees tend to have very specific laws spelling out when payment is do, and can use generally the state's department of labor if this does not happen.

    Independent contractors are subject to contract law (not labor law). When payments are due are a matter of the wording of the contract, or contract law, but not the same labor law rules related to employees. The sole remedy for an IC is the courts, assuming of course the the worker was correctly classified as an IC.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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