I have worked for the same employer for 18 years. I make $10.00/hr and work 9am-5pm with a 1 hr lunch (35 hours/week x $10.00= $350.00). My employer pays me in cash only $300 with no taxes taken out. This has been going on for the full 18 years that I have worked for him. This is a shortage of $48,000 over the life of my employment. Can my employer legally keep the $50 each week? When I questioned where the $50 was going each week, I was told that it "washed because I come in late in the morning and back late from lunch. My employer does not come to work until mid morning on the days he is in town, many days he is traveling out of town. I visit another buisness owner/friend who owns a mechanic shop in the same parking lot daily and walk the 100 feet to my place of work by 9am. If needed this person can validate my claim that I do not arrive late. As for coming back from lunch late, there are times that I pick up parts and supplies for my employer at the end of my lunch hour, therefore occasionally arriving "late". My employer has never posted a workmans comp sign and has never offered to pay my doctor bills when i was injured. My wife's insurance paid a portion and we paid that balance out of our pockets. My boss made the statement "I don't keep records", does this mean I have no proof other than my word against his? Because I am paid under the table and do not claim my wages, am I just out the back pay.
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- Thread Starter lbrewer
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cbg
Super Moderator
You've got a couple of problems that I can see.
Technically, no, your employer cannot just keep $50 out of your paycheck every week. However, you say that this has been going on for the entire time you have been employed there. If so, it would be very, very easy to make the case that you are not making $10 an hour; you are making $8.57 an hour. Which, as it is above minimum wage, is legal.
Additionally, since you are being paid under the table and "not claiming" it, which I assume means you have not been paying taxes on this money, any complaint you made to the state or Federal DOL would mean that you immediately would owe 18 years of back taxes, plus interest, plus penalties.
Finally, even if you could somehow avoid the tax issue, which you can't, you've waited about 15 years too long to address it. Even under the best of circumstances, the maximum the DOL will go back is 3 years.
Technically, no, your employer cannot just keep $50 out of your paycheck every week. However, you say that this has been going on for the entire time you have been employed there. If so, it would be very, very easy to make the case that you are not making $10 an hour; you are making $8.57 an hour. Which, as it is above minimum wage, is legal.
Additionally, since you are being paid under the table and "not claiming" it, which I assume means you have not been paying taxes on this money, any complaint you made to the state or Federal DOL would mean that you immediately would owe 18 years of back taxes, plus interest, plus penalties.
Finally, even if you could somehow avoid the tax issue, which you can't, you've waited about 15 years too long to address it. Even under the best of circumstances, the maximum the DOL will go back is 3 years.
cbg
Super Moderator
The bank is not your employer. I agree that based on what you have posted, letting it go is probably your best option.
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