overtime pay,was not paid

[akaangela]

My husband worked for a company that avoided paying him over time for working 8 hours per day and 5 days a week from year 1998 thru 2000. this was a total of 120 hours work each month and was paid only $800.00. Now from the year 2000 thru 2001 he worked 6 hours a week A total of 96 hours was told he will get a raise and the 96 hours overtime hours got him only $1,500.00 both payments was seperate from his paycheck . I just learned of this since my husband passed away a year ago.I also found out that my name (I am his wife) was used as an employer and my son name as well to avoid the overtime pay . But when w2 were sent each year it had my husband name on it and he had to pay taxes ..I found out too that he was told no taxes needed to be filed but looking over his pass taxes he got audited and so did I for their mistake .I never worked for the company and should not have ever Had a w2 neither was my son. I never question my husband about his job or pay That was one of his rules. What should I do to clear up this mess I felt he was afraid of losing his job if he complained. Now all the work and no rest/sleep wore out his heart and he passed away one year ago.

 

[theretoo]

this may be a situation that you might want to discuss with your local us department of labor wage and hour division in alabama

http://www.dol.gov/esa/whd/america2.htm#Alabama

http://www.dol.gov/compliance/topics/wages-overtime-pay.htm

 

[Patricia_Young]

I'm sorry for your loss.

I'm not sure what "mess" you're trying to clear up. IRS audit? What does the fact that neither you nor your son worked for this company have to do with anything?

 

[akaangela]

I'm sorry for your loss.

I'm not sure what "mess" you're trying to clear up. IRS audit? What does the fact that neither you nor your son worked for this company have to do with anything?

the Irs audited me for the year of 1998 because the company put my name on an invoice as an employee I just found out that they reported it to the IRS but never sent me a w2the fact remains that I never sign any papers for the company nor have I ever worked as an employee ...My son was listed as an employee and checks were made in his name but never worked nor sign any papers for the company indicating he was an employee. at the ending tax year, the company sent the the Irs the w2 report in my husband name instead of my son. Therefore we both got audited for that. My husband refunds was withheld and a lein on his paycheck until his death ..This is the mess

 

[Patricia_Young]

Employees do not issue invoices to their employers. Employers do not issue invoices to their employees. If you are being audited, you need a tax attorney, or at least a good tax accountant or Enrolled Agent to assist you. Especially since this is from 1998 and the employer isn't required to keep records back that long. I'm sorry you're going through this, but this whole situation should have been addressed when it occurred. As soon as you got a W-2 from a company you did not work for, you should have notified the IRS that the W-2 was issued in error. And the same with your son.

 

[akaangela]

If the company do not have proof of a signed invoice/receipt for pay that me and my son supposedly received, then why was I audited. As I stated above I never received a W2 but filed jointly the years in question. I just found out about this situation and that is why I post my question to seek advice. If I had known earlier, I would have taken care of it. Not sure if my late husband knew what was going on either, if so he never told me anything,or perhaps he feared retaliation from the company. However, years ago he did tell that the company will file the tax as "exempt" for the pay he received. Thank you for all the help I will seek further help as advised.