no paychecks in texas

[fuzzhead54]

the company i work for is based in texas, but the work performed was in louisiana. i am considered a sub for this co. yet i have no contract signed with them as i am covered under their insurance to do the work. as of monday i am owed approx 4000.00.a portion of which is over 10 days late. the story i get is that the prime has not paid the co.,so they cant pay me. should i go to twc and file for non payment although the work was done out of state.
thank you

[Texas709]

The jurisdiction of Texas Workforce Commission is for wages for:
1) work performed in Texas;
2) work performed in part in Texas and where the wages are reportable to Texas for unemployment insurance purposes; or
3) work performed by a Texas resident if the work is performed outside Texas for a Texas employer...

In short, if you're a Louisiana resident, working in Louisiana, your claim for any wages would be filed through LA. Since Louisiana has essentially no state enforcement, you should probably contact the US Dept of Labor at 866-487-2365.

[fuzzhead54]

thank you for your reply.
i am a texas resident working out of state for this co.
appreciate your time.

[Texas709]

You ought to be covered by the Texas law, then. Provided the work was not performed outside the U.S., you're a Texan working for a Texas employer, working outside the state. Claim filing is discussed at http://www.texasworkforce.org/ui/lablaw/lablaw.html, and there is a downloadable claim form at http://www.twc.state.tx.us/ui/lablaw/ll1.pdf.