Well I work at a country Bumpkin gas station in Louisiana. I work 60 hours a week at 6.50 an hour and get paid with a personal check (no taxes taken out) no over time.. the owners turn in my pay to a cpa so I will have to file my taxes at the end of the year...The are elderly and tell me they can't afford to pay me overtime or give me a raise so I just stick it out... but damnit I am tired of running this store for them and feel like legally they aren't doing things the right way, and it is me who going to be screwed at the end of the year.. don't tell me to get another job because I live in the middle of nowhere and this place is just 1 mile away so it is a matter of conveinance.. someone who knows SOMETHING let me know~!
2007-09-14 07:59:00 · 13 answers · asked by ckverzwyvelt 2 in Politics & Government ➔ Law & Ethics
what "under the table" arrangement do u have with them? if they scratch ur back, u scratch theirs.
u must be paid overtime at time n a half.
they dont have to take taxes out. u have no federal papers filed for this employer(w4), therefore you're responsible for reporting ur income n paying a huge tax bill at the end of the year, come April 15th every year. they must pay taxes for u as well.
2007-09-14 08:09:01 · answer #1 · answered by Anonymous · 0⤊ 1⤋
It is illegal not to pay you for overtime work unless you have a specific 8/80 agreement in place. I'm betting you don't.
It's been awhile since I've dealt with one of these. I think the damages are double the wages withheld but I'm not 100% sure. Probably depends on the state.
It's legal to pay you without taking taxes out. What is illegal is if they are not paying their portion of your taxes, which probably as a 50-50 chance of being true.
If you're being paid with a personal check I'm betting you don't even exist on the books.
2007-09-14 08:12:38 · answer #2 · answered by Anonymous · 2⤊ 0⤋
It may not be fair, but it's not illegal. You are basically self-employed, and they have been up front with you about the fact that you are a 1099 employee and not a regular employee. I hope you are saving to pay the taxes at tax time.
Also, if this is the situation, there will be no worker's comp if you get hurt at work. There is a minimum number of employees a company must have (the number can vary from state to state) before they have to pay for worker's comp or any kind of insurance at all, and many small mom and pop joints stay under that number to keep costs down.
2007-09-14 08:15:52 · answer #3 · answered by Anonymous · 1⤊ 1⤋
It is illegal to not pay you for your time, or for overtime.
if they can't afford to pay you more, they will have a bigger problem if you were to quit- very few would be dumb enough to accept this long term arrangement. Additionally, they would have to train someone else to run the store.
You are far more valuable to them than they think and I'm willing to bet they have more than enough cash to pay you.
Their CPA is complicit in their Illegal maneuvers and you will be the guy who is screwed come tax time.
I would threaten to quit, and/or tell them the IRS has contacted you and you need to make sure going forward that the pay system is on the up and up as you don't want to get in any more trouble than you are.
i would expect that just the threat of quitting over no overtime would be more than enough to get them to give you a raise.
Also- $6.50 to run a gas station/store is terribly low- even for Louisiana.
They are ripping you off with your permission.
Remember- no one can take advantage of you unless you let them.
2007-09-14 08:08:19 · answer #4 · answered by Smug Monkey 4 · 2⤊ 0⤋
It sounds like they view your job as a salaried position so they don't have to pay you over time if they don't want to. You should contact the labor board and see if they can help but if they can't afford it as they say then they will go bankrupt and close the place. If its so convenient for you to work there and not someplace else think about the price of milk at a convenient store versus a supermarket. It costs more because its convenient. Maybe your job's convenience is coming with a price.
j
2007-09-14 08:15:13 · answer #5 · answered by The man 7 · 1⤊ 0⤋
You need to contact someone. Besides not taking out taxes (that you pay at years end) you are not paying Social Security taxes. This tells me that you are also not covered by Workmans Comp should you get hurt. Agreeing to this type of employment can also be used against you later. It's easy to open a can of worms, but it's hard to put them back in.
2007-09-14 08:17:02 · answer #6 · answered by sensible_man 7 · 0⤊ 0⤋
Things are different in Crowley, eh? j/k It's not right that they don't take taxes out, because they have to pay payroll taxes, soc. security taxes, etc. on top of your contribution. They should have their CPA do your payroll so it is done right. If you're not getting overtime pay like you should, you better demand it or sue for it, or not work the overtime.
If you complain, they may not want you there anymore.
If you stick it out, nothing may change, so you're really in a spot. I would nicely suggest to the owners that it has to change because it's not right and see what they say. And ask them to consider using a payroll service so it is all done right.
2007-09-14 08:08:45 · answer #7 · answered by Flatpaw 7 · 1⤊ 0⤋
go ahead an move there, but when you get kidnapped by the locals and held for ransom on't blame us, it was your choice. do some research on the crime in mexico. Mexico city has express kidnappings, and the police there make a substanial amount of side money being corrupt. Look up michoacan and the local gangs cutting the heads off of bar patrons as a statement to local police that they run the city and always will. the country side and views are beautiful but travel to inner mexico and look real hard. What you will see is beyond what you ever imagine.
2016-03-18 05:59:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
What they're doing is illegal. After 40 hours you are intitled to overtime i/e time and a half. If you have to work holidays then they have to pay you double time. Your best bet,if you can't get another job,is to tell them they are paying you a 40 hour a week wage and thats what you will work,40 hours.
2007-09-14 08:11:21 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Failure to pay you overtime is a violation of law.
Failure to properly withhold income taxes (and any states taxes) is a violation of law.
Regardless if they withhold or not you have to file your taxes at the end of the year. That is not caused by the other issues.
You have a couple of choices:
1. Stay on and live with the situation
2. Report them for the violations of law. Regardless if you stay or not you will be job hunting soon. The store would likely be closed.
3. Find another job.
2007-09-14 08:10:18 · answer #10 · answered by davidmi711 7 · 1⤊ 1⤋