Employment Law Questions? Ask an Employment Lawyer.
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This is an unfortunate situation,
it is against Federal and State law for paying an employee under the books, by doing this the employer has failed to pay you any unemployment insurance, social security, or other payroll taxes,
What you can do is advise the employer that you will file an official complaint with the State Wage office and Labor department, unless he settles with you.
If you file a complaint, the State agencies will investigate the matters, and can fine the employer a significant amount, especially since he has not paid any workers compensation, disability to the State.
The office manager has picked on me to reduce my days
If you feel your race, gender, age or other protected civil rights is a reason for their actions, you can file a civil rights complaint as well.
I only work 3 days but I was hired to work 4 days. Today he told me that I will be working the 3 days because they need to collect a certain amount of money. I sent them a email. I have no benefits. His salary is 3 times as much with dental and health insurance.
You should file a complaint with the State wage office for them not paying you on the books,
In NY you cannot force an employer to have you work more hours,
but you can file a complaint if they are violating the law.
what can i do then
Wage and Hour/Labor Standards - State Agency
New York Department of LaborDivision of Labor Standards
Web Address: http://www.labor.state.ny.us/workerprotection/laborstandards/labor_standards.shtm
Agency Description/Mission: The Division of Labor Standards enforces the New York State Labor Laws concerning minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration and farm labor. It also administers the Employment Agency Law (Article 11 of the General Business Law) outside New York City.
Wages and Hours: Frequently Asked Questions
Wage and Hour/Labor Standards - Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)ESA Wage & Hour Division
You should advise the employer you will file a complaint with the State for their actions, and then contact the wage office which is closest to your area of work.
At this point this is your only recourse.
do i have a case because i am the only person who works 3 days. They never gave a explanation for doing this. Everybody is at the 40 hour wk.
in what terms they can fire me
no, you do not have a case for the time, unless you can claim they are doing this due to your race, age, gender, or place of origin.
In NY, they can the employer can terminate you for any reason, except if you file an official complaint,
with the agency above, that would be retaliation,
so if I file a complaint they would able to fire me
Well they have. my salary compared to the office manager is three times as much. He has benefits
No, if you file a complaint, and fire you, you could sue them for retaliation
If I have another question can i contact you because my manager will have an answer on Tuesday. Do i have to pay again
Once you accept this answer, you can ask a follow up question with no charge.
You can ask for wallstreetfighter esq.
ok thank you for your valuable help.
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