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I have been employed almost a year, and hage received

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regular biweekly paychecks with taxes...
I have been employed almost a year, and hage received regular biweekly paychecks with taxes taken out since I started. My employer never paid me for additional hour I worked this last March until today. However, they have tajen taxes out again on this new check. Is this legal?
Submitted: 1 year ago.Category: Legal
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Answered in 18 minutes by:
9/9/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,293
Experience: 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

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Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

No. They should not have taken taxes out of your check twice for the same income. They are obligated to correct this. If they fail to correct it you can file a complaint (at no charge) with the Department of Labor. See here

https://www.dol.gov/wecanhelp/howtofilecomplaint.htm

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 year ago
Thank you for your prompt respose. I have a few more questions. If I worked on days that were not work days do taxes come out of that as well? Also, if I have the amount of hours I work per pay period, the hourly amount, and the amounts for social security and medicare that they take from my regular check, how do I know without having my W4, how much is to be deducted for a smaller amount of hours?
Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello:

It does not matter what day that you worked. If you worked you were entitled to your proper compensation.

The amounts that are deducted are based on percentages and also based on your W4 claimed exemptions. I can't determine that without your records. BUT this calculator may help you sort it out:

https://www.irs.gov/individuals/irs-withholding-calculator

Your employer should be able to give you a copy of your W4 and they should be able to properly calculate the proper taxes.

If they are unable or unwilling you can contact the Department of Labor.

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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