also you don't fill out a w-4,or w-2 whatever it is,because they say the accountant will just fill it out themselves?how do they know how many dependants and what not?i am not an exempt employee from what i can find out. i work at a convenience store/gas station/sandwich shop. you can work 80 hrs a week but they said they will not pay time & a half just straight time.then want to alter your time card and not show the whole time you were there?
2006-10-18 04:22:32 · 14 answers · asked by ms_innocent24 1 in Business & Finance ➔ Careers & Employment
It is a violation of state and federal law for unexempt employees not to receive overtime and breaks while they work. Creating a false time card is a violation of law as well. Since you have to sign your W-2, and declare your dependents to the IRS, it is a violation of federal statute.
I would suggest that you contact the your state department of labor. All the states are listed on the following webpage:
http://www.dol.gov/esa/contacts/state_of.htm
Good Luck!!!
2006-10-18 04:34:06 · answer #1 · answered by Jeff W 2 · 0⤊ 0⤋
You're right to be worried.
At tax time, you will be responsible for the entire amount of your employment taxes. Which isn't right as you are a paid employee and your employer is responsible for a portion.
If you didn't sign the W-2 yourself, it isn't valid. If you didn't fill one out, you are essentially an "independent contractor" not an employee. Which is not the arrangment you agreed to.
Definitely time to seek professinal help. Approaching your boss will only get you fired - and then you will have no recourse for the back overtime pay and the taxes owed.
Contact a lawyer if you're ready to be legally employed. But be prepared to lose your job - this store is obviously breaking lots of laws, wonder what else you might find when you turn over a rock....
2006-10-18 04:30:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You had better be turning them into the department of labor. What they are doing is so illegal it isn't funny. Keep track of your hours, your pay, and turn all that information into the the department of labor. Find a different job because guaranteed as soon as the department of labor gets ahold of these people you will be fired. It happened to me once. The only people who are exempt from OT is farm hands and truck drivers who work for mileage or percentage.
If you are using a regular punch time card get two time cards and do double punches and keep one with you to keep track of your time. This way you have proof when you take this to the labor board it will be stamped with the employers time keeping machine. If you use the two card system as I explained use a piece of carbon paper in between the two and punch it at one time. If you are using an electronic card system write down your hours of work.
2006-10-18 04:41:32 · answer #3 · answered by miamac49616 4 · 0⤊ 0⤋
It's only legal if you are properly classified as salaried exempt. Even many salaried people must be paid overtime. It depends on your job duties and responsibilities. Salaried exempt people are usually managers or highly paid professionals. If you make under $455 a week, you are not salaried exempt no matter what your job is.
2016-05-21 23:32:21 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Get you a lawyer...quick, fast, in a hurry. This sounds like a lawsuit.
Take a look at the labor laws for your state at:
http://www.law.cornell.edu/topics/Table_Labor.htm
It is very unfair to work over 40 hrs and ot get paid for it....that's slavery!
2006-10-18 04:32:28 · answer #5 · answered by iGNORANT GiRL 4 · 0⤊ 0⤋
I would check out the US Department of Labors website, it has some helpful information. Web links and toll free numbers too.
2006-10-18 04:32:55 · answer #6 · answered by < My Lilly Girl 4 · 0⤊ 0⤋
You're being robbed! Check out the ESA (Employment Standards Administration) website.
2006-10-18 04:33:37 · answer #7 · answered by Swirlgirl 3 · 0⤊ 0⤋
No, it's not illegal, it's up to each company and their wage policy whether to pay "overtime" for any hours over 40 in a work week.
As far as the w-4's, it is illegal for anyone to fill them out for you without your knowledge.
Call the EEOC for more information.
2006-10-18 04:31:09 · answer #8 · answered by DEATH 7 · 0⤊ 1⤋
To answere your question, yes it is legal. There has been many companies that have lost a great amount opf money because that have not payed there employes for over time pay.
2006-10-18 04:29:24 · answer #9 · answered by Green Nabradly 2 · 0⤊ 0⤋
Call:
State labor board.
Federal Labor relations
IRS.
2006-10-18 04:31:29 · answer #10 · answered by Carp 5 · 0⤊ 0⤋