I have been a musician all of my life. I took a job working for a DJ company several months ago, running a sound board and playing CD music on band breaks. I worked 3 nights a week at the same club. The DJ company charges 200 / night, and pays me 110 / night every two weeks on a 1099.As time went on, I attained a reputation for high quality sound, and I also added a great light show from my own personal equipment. I became very good friends with the bands that played there, and had a great time. The DJ company promised to provide the music, tee shirts, cards, etc. but never delivered on these. In time, the DJ company started shortpaying me and breaking promises concerning extra work. I found out later that the club was several weeks behind in their payments. The DJ company owner called my cell, and told me not to work at the club until resolved. Suddenly I found myself stuck in the middle between my friends at the club and my employer. I found myself running the lights and sound for tips, rather than let my new friends down. The DJ company owner stopped my pay, and now owes me several hundred dollars. I did not sign a non-compete form, and it was made clear from the beginning that I would continue to work at the club as an entertainer, and they still use my lights. The band mates have been chipping in and paying me tips for my help, and occasionally I play the club for tips as well.
Does my former employer have the right to hold my pay while he tries to settle with the club ? Do I need to stop working at the club for 90 days, or just stop running the sound board and continue my other activities for tips?

You didn't sign a non compete paper so as long as you didn't sign a contract either if you are able to go solo with your other activities and forget the company. You can go after your employer for the money in small claims court. They don't have the right to withhold your pay because what they owe the bar is between them and the bar not you.
Even if you go after them in court doesn't mean you are guaranteed you will see any of the money when you win but it will put a judgment on them which you really need to do.

If the company told you not to work at the club, and you continued to do so, you are doing so of your own free will and can't expect them to pay you for it. Essentially, they fired you at the time that they told you not to work at the club. So, if you continued to work there for tips, that is an entirely separate arrangement from working for the company.

Hello the:

Froggy is correct, in that you're not entitled to be paid after they told you not to work there any more. However, you ARE entitled to your money for the time you put in BEFORE, you were told.

Not only are you entitled to be paid, you are entitled to be paid NOW. Their legal problems are not YOUR legal problems. However, I'd add to their legal problems by filing a small claims suit for your pay.

excon

Everyone is correct, from the date you started doing this on your own, the DJ company owes you nothing, that is all between you and the club.

The DJ company owes you for the time before. But you made a choice, knwoing the club was not paying the DJ company, you decided not to be loyal to the company that helped you get started but preferred to do the work for no pay or tips only, This broke power the DJ company had by stopping services, since you provided them free or cheaper.