Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can an employer charge an employee and withold both FiCA…

Customer Question
Can an employer charge an...
Can an employer charge an employee and withold both FiCA tarp r's, i.e. The employees share and the employers share?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 10 minutes by:
1/23/2016
Employment Lawyer: Ray, Employment lawyer replied 2 years ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,851
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.

No they cannot do this.The law also requires the employer to pay the employer's portion of two of these taxes:

  • a 6.2 percent Social Security tax; and
  • a 1.45 percent Medicare tax (the “regular” Medicare tax).
Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 2 years ago
Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 2 years ago

Thia mounts to tax fraud, report them here.

https://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F

Employer here is required to pay this not you the employee.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 2 years ago

This is the actual form you turn in here.

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

Please report this the employer can be fined and prosecuted for doing this.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,851
48,851 Satisfied Customers
Experience: 30 years in Employment law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
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 alm… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I have been working on a project than three years. In
I have been working on a project for more than three years. In addition to a salary, I am paid per diem, which is billed in full to the client as "living expenses". After one year on the project, my p… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Does a household employer pay FICA on housing provided both
Does a household employer pay FICA on housing provided both for convinence for the employer and as part of compensation for the employee.… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I am an employer, and will begin paying my office mgr one half
I am an employer, and will begin paying my office mgr one half of her insurance premium which is about $190/month. I'm not too worried about getting the deduction as it appears you have to jump thru a… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am employed at a cholate factory, in which my employer says
I am employed at a cholate factory, in which my employer says that he pays me for contract labor. I make an hourly wage, i am under direct supervision of my employers. I worked for eight months, at wh… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Iam a w2 employee. My income is straight commissions. A few
Iam a w2 employee. My income is straight commissions. A few years ago, my employer told us that we would be paying all of FICA. In order to reduce their tax burden, they just took all of the FICA mone… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
As an employer, am I supposed to match the witholdings from
As an employer, am I supposed to match the witholdings from my employees paychecks? I am a small business owner in Louisiana.… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I simply need to know where to look for the actual laws to
I simply need to know where to look for the actual laws to be stated and how the penalties will be assessed.… read more
Ray
Ray
Employment lawyer
Doctoral Degree
48,851 satisfied customers
My wife has an LLC. She is the sole member. If I do work
My wife has an LLC. She is the sole member. If I do work for a customer under that LLC must I be paid as an employee or would it be better (and legitimate) if I were a member of the LLC and did not re… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a commission based employee,my employer wants to deduct
I am a commission based employee,my employer wants to deduct his share of fica,ss unemployment and workers comp. he is responsible for paying from revenue generated by me before paying me commission. … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Can my employer take their share of FICA out of my
Can my employer take their share of FICA out of my commission check? On top of my FICA taxes.… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I work for a consulting company as a business analyst. The
I work for a consulting company as a business analyst. The compensation system is on a percentage basis with W2. I'm on H1B visa. My employer takes 20% of the client billing rate. I have no problems w… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Is an employer able to request that a previously employed individual
Is an employer able to request that a previously employed individual to pay FICA taxes seven months later? The employer never took out any taxes even after being asked repeatedly by the employee, the … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Hello, I recently took a job as a farm manager, receiving
Hello, I recently took a job as a farm manager, receiving a monthly salary. Today, my employer (who resides out of the country and it has been recently discovered they have had their visa revoked for … read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
Whose responsibility is it when an employer (CA public community
Whose responsibility is it when an employer (CA public community college) forgets to withold social security from an employee's payroll for 8 years? I read that there was a statute of limitations of 3… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was dismissed from my job. I hired an attorney, and within
I was dismissed from my job. I hired an attorney, and within two weeks, the company's attorney offered a settlement. The company provided me a check that withheld federal and state taxes, which I know… read more
Experienced Attorney
Experienced Attorney
JD
268 satisfied customers
I am a salaried employee with a real estate firm in NY. I
I am a salaried employee with a real estate firm in NY. I am also a licensed real estate sales person with the same company. When I accepted the position it was understood that I could sell to close f… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
if an employer failed to withold fica and federal income ...
if an employer failed to withold fica and federal income tax or file a W-2 on an employee for four months and paid them cash can the employer start witholding the taxes and then force the employee to … read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x