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Recent Payroll questions

I work as a bartender at a local bar that is usually very

Hello,I work as a bartender at a local bar that is usually very slow. I noticed on some of my paychecks that my employer increases my reported cash tips to an amount that brings my gross pay to minimum wage. After he deducts taxes from my gross pay he deducts my reported cash tips excluding the amount he added. Is this illegal in any way? If an employer is supplementing for minimum wage can he record it as tips like this? I ask because I have discovered he is committing wage theft and not paying taxes. I've notified the IRS and labor board but I was wondering about this. Thank you so much!

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Samuel II

Attorney

Doctoral Degree

31,924 satisfied customers
On July 15th I worked my last day at my former employer and

On July 15th I worked my last day at my former employer and received what I was expecting to be my last paycheck on the 20th. At that time I had accrued 2 weeks vacation time and was assuming that I had lost until August 5th when I looked at my bank account and saw that I got paid. Unfortunately two weeks go by and the Director of operations calls me and tells me that they forgot to take me off the payroll and I will need to pay the money back. I explained that the money was already spent and I would not be able to immediately pay them back and I don't hear anything until 5 days later when the owner of the company calls demanding repayment stating that I would be sorry if I don't pay them and burn a bridge with them. Then come to find out she had been calling up to my current job asking for me and keeps calling me asking about when I will be paying them back. I explained to her that I have every intention to make things right but can't do it right away. They are now holding my 401k until they are paid back.

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
My employer has very double standards for pets versus

My employer has very double standards for pets versus others. Yesterday my psychiatrist wrote a letter stating I was to take leave for 3 working days due to major stress cause physical and emotional issues. When my boss say the letter, they accused me of coercing the doctor into writing that letter. Anybody with common sense knows better. I rarely miss work and actually almost always work through lunch and come in 30 minutes early every day. They accused me of having dr appts 3 to 4 days a week when in fact within a 3 month period, I had 9 that lasted less than an hour each and I made up the time although we are allowed to have appointments without penalty. They threatened to fire me. This is not the first time they have harrassed me like this. Do I have a case? If so, what do I do? I really can't afford an attorney. I am an accountant with over 30 years experience and a true asset to this company. If I walk out, they will be clueless of how to do the books, payroll, monthly and yearly financials and closings.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Excuse the typos please, I'm obviously upsetJA: Have you talked to a lawyer yet?Customer: NO, I really can't afford oneJA: Anything else you think the lawyer should know?Customer: North Carolina

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Lucy, Esq.

Juris Doctor

29,912 satisfied customers
I'm in a complicated situation and don't know what type of

I'm in a complicated situation and don't know what type of legal advice I should be seeking but it originated as employment issues.I was the office assistant, which my employer has me doing office manager work, including processing payroll through ADP. She created an individual log-in for me through ADP Online to process payroll, my log-in was enabled to have full access to all payroll processing including setting up Direct Deposit. I had set up Direct Deposit for myself while I was still employed there.When I quit, I never again accessed anything from this employer, including the payroll system. It took a few back and forth emails and text, her claiming I never provided her my last signed time sheet and that's why it took her 3 weeks to pay me. At this time, is when she realized I don't get a physical check. She went crazy and started saying that I'm embezzling money from her or attempting to embezzle. I have only received what is my rightful pay, especially my last paycheck for the hours I worked. She then insisted that I stop the direct deposit from my bank, I did as she asked but my bank can't stop a deposit, only the originating bank can request that.Apparently, she told her bank that that particular deposit was "unauthorized or fraudulent" so her bank froze her account. She texted me, saying she had to pay $60 in fees to unlock her account and wanted me to pay her for those fees. In the text, she started saying she will sue ME & MY HUSBAND.In fact, in numerous emails and text, she would mention my husband. He doesn't know her, never met her, has nothing to do with her or her business. However, she likes to include him and part of the messages, saying she'll sue me and my husband.I provided a $60 money order and included a letter, stating the $60 money order is to compensate whatever fee she claims I'm responsible for. I also included that she needs to leave me along and that her constantly mentioning my husband a way of harassing my and him, meanwhile he doesn't even know her.She called me, left a voicemail. She was upset, and in the voicemail, she said my letter was insulting her and she stated that "yes she doesn't know my husband and that she never included my husband in any of this" and she will be taking me to court.I have proof, text messages and email, that clearly shows her mentioning my husband.My questions are:1. Is this something she can do, sue me for setting up direct deposit, meanwhile she made me the authorized payroll person with her company?2. What can I do about her mentioning my husband in these text and accusing him as part of some scam she thinks I was doing to her?

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Asad Rahman

Attorney

J.D.

2,804 satisfied customers
If a employee presently has health insurance through an

If a employee presently has health insurance through an employer, can employee seek other insurance that is less costly while having the other? Present healthcare is increasing again and is taking almost 3/4 of their paycheck!

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John

Attorney

Doctoral Degree

7,480 satisfied customers
I have a question about non-profit employment, The state of

Hi, I have a question about non-profit employmentJA: Can you tell me where the nonprofit is registered?Customer: The state of New YorkJA: Have you talked to a lawyer yet?Customer: Not yet, would like toJA: Anything else you think the lawyer should know?Customer: Yes, our project will be absorbed by an existing non-profit in the US (the New York-based one). We would like to know how payroll would work with that. We have one British citizen and one American citizen that will be coming onto the payroll. We were wondering the best way to pay them, whether it be as contractors, employees or grants.

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Infolawyer

Attorney

Juris Doctor.

37,334 satisfied customers
Employers who do not have a drug test written policy nor has

employers who do not have a drug test written policy nor has a written policy been given to their employees, can the employer require some employees tosubmit to a drug test with 12 hour notice?

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Christopher B, Esq.

Attorney

Juris Doctor

4,984 satisfied customers
I'm off on an L&I injury and my employer terminated my

I'm off on an L&I injury and my employer terminated my insurance benefits without notifying me. I found out my benefits had been terminated on 7/27/16 when I went to the pharmacy to pick up a prescription. They advised me to call HR. When I did I was told my FMLA expired on 5/21/16. I was not notified of this either. I called my Health insurance provider that day and asked about Cobra and they informed me that they had just mailed the paper work for Cobra on 7/26/16. I still have never received a single letter or anything from my provider indicating my benefits have been terminated. When I spoke with HR they informed me I still had PTO time (91 hours) remaining and a couple of sick hours. I explained that I has signed a form for L&I asking to have my benefits supplemented. HR then referred me to L&I.I called the manager of L&I and explained the situation to him. He then drafted an email to HR and payroll asking if I could please have my benefits reinstated and sent them a copy of the form I had signed at the beginning of my L&I claim. About a week later it was decided that "no" they were not going to retroactively reinstate my benefits because "someone" had made the decision somewhere alone the way to pay me a little extra every pay check so they could not reinstate benefits even though I had a signed form and remaining PTO hours.Does this sound right to you??

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
My husband owns a pizza franchise with six different stores.

My husband owns a pizza franchise with six different stores. For cash flow purposes, payroll alternates between paying three stores one week and the other three stores the next week.We have employees who sometimes work in more than one store depending upon manpower needed at any given time.One of our assistant managers works 40 hours in one store and then 10 hours in another.(per week)Since the payrolls are staggered, he does not get overtime for those 10 hours. Should he get overtime because he works more than 40 hours per week?

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LawTalk

Attorney at Law

Juris Doctor

32,450 satisfied customers
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