Question about employer stealing from my paycheck?

Question

I was working as a bus boy for a restaurant and I was given only 93 dollars plus 20 in tips for 16.5 hours worked. She paid me in cash and I want to know if there is any way that I can file a complaint to the appropriate authority.

Answer 1

I'm not sure how you figure she was stealing from your paycheck. Most of the tip income usually goes to the server, with a fairly small portion to the busboy. And unless you live in a state with a higher minimum wage than $6.85, you were paid at least the minimum.

The bigger concern is paying you in cash - that sounds like you're being paid under the table which is illegal. Did you get a pay slip with the cash showing what you were paid? Were any deductions made, like for social security and medicare? If not, the employer is paying you illegally - and if your total earnings for the year require you to file a return but you don't file, or if you file and don't report the earnings from this job, you are also breaking the law.

You can report an employer paying under the table to the IRS.

Answer 2

Why are you being paid in cash? Are you under age to work in a restaurant?

#1 mostly the reason you are being paid in cash so she will not report the money as payroll income. She is in trouble with the Franchise Tax Board and the IRS. DO NOT ACCEPT CASH--DEMAND A CHECK OR SOME TYPE OF DOCUMENT SHOWING HOURS WORKED, HOURLY RATE, TAXES, TIPS PAID/RECEIVED.

I worked in payroll for years and some companies tried to avoid paying taxes. If the employee was under age or illegal they figured that they would not complain to anyone.

Stand up for what is right, and you will not regret in down the road. Start looking for another job and you can report her the the department of employment.

Answer 3

I don't see how you can - inasmuch as you were paid in cash. You would both be in trouble with the IRS, wouldn't you?

Answer 4

I'd go to the employment commission in your area.