i work in restaurant
my owner pays everyone who works with me by check with $30 per day/ 13 hours
but she pays me by cash with $20 per day/13 hours
i already told her that lets pay me by check but she still pay me by cash
i ask her like " why you pay me just $20 per day? "
she said " $30 - tax = $20 "
is that fair ?
how can i sue her or tell her that is wrong?
thanks for your help
- JudyLv 71 decade agoFavorite Answer
It's wrong - and she knows that. She isn't taking out tax and reporting it. She's just cheating you. And minimum wage anywhere in the US, even if you are tipped, is at least 2.13 an hour. Sounds like she is paying everyone "under the table" - she's evading employer taxes by doing that, and if you get hurt on the job you aren't covered for workers comp and if you get laid off you aren't covered for unemployment. If you are tipped she should be having you report your tips to her also, and taking out tax on them.
You are still required to file a tax return and report your income, including your tips, and pay tax.
I'd look for another job. When the IRS catches up to her, she'll be shut down.
- JssLv 71 decade ago
Are you a regular employee? Will you get W2 from your employer?
It appears that you are being paid under the table. It that case it will be considered self employed income. Yuu must file tax return if the income is $400 or more. You must also pay SE tax at 15.3%.
- Gerardo D, EALv 41 decade ago
Make sure that the deduction is documented by pay stub. You can bring this to the state unemployment office or th commission of Labor in your state
- troLv 71 decade ago
any time you work for anyone, cash check or otherwise you should have a statement of the earnings and deductions that are being withheld
demand your statement