i also work over 40 hours a week
2007-10-08 06:02:00 · 5 answers · asked by jessica_yve 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
People tend to rush to conclusions when posting answers here. You arent real specific- it really kind of depends on what you are doing. Do you work for a company? How big is the company? If you are a Nanny, working for a family or two, even if you are full time, your employer is NOT required to withhold any taxes for you, and they are actually not required to withhold Social Security either (although they are obligated to pay it, so either they withhold 1/2 of the Social Security from your check, or pay the full amount themselves). At the end of the year, YOU will be required to pay all of your taxes at the end of the year, if that is the case! They are not required to give you a pay stub. And working over 40 hours a week is completely acceptable and is normal, especially if you are salaried. If you are hourly, as long as you get paid for your hours, its still OK.
2007-10-08 07:49:24 · answer #1 · answered by bmwdriver11 7 · 2⤊ 0⤋
It definitely sounds questionable. Without you filling out a W4 and the fact that you do not get a pay stub seems to imply that the person you are working for is not taking out taxes on you.
If you are subcontracting the work you are doing, then not filling out a W4 or having taxes taken out is proper. However, to meet the requirements of a subcontractor means that you are self-employed, provide your own tools, and work without direct supervision. If you do not fit the requirements of a contractor, then what is being done is illegal. However, as a self-employed individual, you are responsible for paying your own taxes at the end of the year.
The big thing to figure out if the person you are working for is taking taxes out of the check you are receiving--i.e. if you make $8.00 per hour and work 40 hours a week, then your check should be at least 8x40=$320. If it is substantionally less than that, then they are probably taking out taxes on you. However, I would have no idea how they are sending the tax in to the IRS without knowing your filing status or deductions. My guess would be that your employer is pocketing the money. If they are not taking out taxes on you and you are not an independent contractor, then that is illegal also.
My advice would be to call the Department of Labor in your state and/or the local IRS office and they can verify your status and whether or not anything odd is going on.
2007-10-08 06:24:48 · answer #2 · answered by Jereme A 2 · 2⤊ 1⤋
The employer needs to have a W4 on file for you. You are also entitled to some sort of documentation that shows what taxes are deducted from your pay. Without having completed a W4, how does the employer know what to deduct.
Either this is an employer who is ignorant of the law, or criminal. Either way, I'd rather work somewhere else!
2007-10-08 06:28:12 · answer #3 · answered by leysarob 5 · 1⤊ 1⤋
Are taxes being withheld? If so, sounds like they are paying you legally, but they are still required to have you fill out a W-4, and must give you a pay stub or some other documentation on the deductions.
If they are NOT taking out taxes, that is illegal. If you were hired for a job as an independent contractor, they were required to have you fill out a W-9 form.
So one way or the other, something they're doing is not legal. Have you asked them what's going on?
2007-10-08 06:24:47 · answer #4 · answered by Judy 7 · 0⤊ 1⤋
The W4 is just for the employer to figure how much to deduct in taxes. I am not sure, but I don't think it is illegal for them to not give you a stub. My company didn't do it until I created a program in the computer for them to do it.
2007-10-08 06:07:40 · answer #5 · answered by Tammi B 3 · 0⤊ 1⤋