Employment Law

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I’m contracted labor I get paid commission I’m certain my…

I’m contracted labor I...

I’m contracted labor I get paid commission I’m certain my employer is notfollowing the las with many things

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

How would I report it and if I did would it be annoymouse

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I haven’t spoken w anyone about it because it’s a smaller business and I know it would get around and be held against me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so.

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Answered in 2 minutes by:
3/18/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,003
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please tell us what is going on here and why you say that they are not following the law.

What state are you in?

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Customer reply replied 4 months ago
I’m in WV. I work at a spa and salon
She assigns dress codes. Takes $$ out of pay for “product cost”. We
Customer reply replied 4 months ago
We have to have a set scheduled
Customer reply replied 4 months ago
The desk gals (there is 3) only work at the desk and answer phones and she doesn’t offer insurance, overtime, taxes taken out...basically just pays them and that’s it
Customer reply replied 4 months ago
She started with a very small business and it worked but now we have around 40 staff members and everyone is very irritated but nobody wants to rock the boat and say anything. Can be turned in anonymously?

Thank you for your reply.

She has to pay overtime, that is federal law. She does not have to offer insurance. She must take out taxes they are not independent contractors. So in this type of case where there are so many violations, overtime, treating all of the employees like contractors, you need to file a complaint with the WV Department of Labor wage and hour division and you can make an anonymous complaint against her with them and they will come in and investigate the issues including her misclassifying employees.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,003
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
She has us all sign contracts sayin we will follow these rules but I just wonder if that is legal
Customer reply replied 4 months ago
Thank you! I just wanted to make sure it wouldn’t come back on me

Thank you for your reply.

She can make people sign all the contract she wants, but if she is not following the law they will still sanction her and make her pay what she owes the employees.

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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).

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