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Is this even legal?

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Mingg
Posts: 13978 - Karma: 49,320
I work part time at a restaurant and my boss has been taking out 3 dollars out of my check for every night that I work(3-5 days a week). This is for "meals" but most times I don't order any food. Also, I've been made aware that he takes out a half hour of pay per shift for a "break" that I don't take. In one week that's cheating me out of 20-35 dollars. I'm not sure if this is something worth taking any farther( law suit wise) but I'm considering quitting because I think it's bullshit.

Yes I realize 99 percent of you aren't lawyers, but I'm just wondering what your opinions are. Yes, realize this is probably a dumb thread and I don't intend on it being a good thread either.
May 16 2014 10:55PM
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Wallisch_pl
Posts: 5260 - Karma: 1,022
this might be far fetched, but...talk to your boss about it??
May 16 2014 11:06PM
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Wallisch_pl
Posts: 5260 - Karma: 1,022
this might be far fetched, but...talk to your boss about it??
May 16 2014 11:06PM
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corona
Posts: 12801 - Karma: 32,779
pretty scummy. None of it would be illegal if it was in your work terms. If it wasn't agreed on prior, it would for sure be illegal here. call him out on it.
May 16 2014 11:07PM
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Mingg
Posts: 13978 - Karma: 49,320
VinnieFpretty scummy. None of it would be illegal if it was in your work terms. If it wasn't agreed on prior, it would for sure be illegal here. call him out on it.


When I got the job a few weeks ago I did 0 paper work. Just an application that said nothing about this. I never signed anything either. I didn't fill out a w4 or anything. I don't even think they have my social security number...
May 16 2014 11:25PM
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Rachy
Posts: 4355 - Karma: 2,761
Is this your first job?


Does he take taxes out of your check?

If taxes aren't being pulled out of your check, then say nothing unless you feel an overwhelming responsibility to report your income. I promise your $25 he is taking is far less than what you would be paying in taxes.

If he is taking taxes out and you haven't signed any forms, say you would like to process in properly before you do any more work.

Pretty easy situation.
May 16 2014 11:38PM
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.Hugo.
Posts: 17360 - Karma: 28,485
shreddinthegnarrWhen I got the job a few weeks ago I did 0 paper work. Just an application that said nothing about this. I never signed anything either. I didn't fill out a w4 or anything. I don't even think they have my social security number...


Are you getting paid under the table in cash?
May 16 2014 11:40PM
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GayWolf420
Posts: 37410 - Karma: 120,412
i dont really think they can take money out if you haven't actually filled out any paperwork. its weird they are paying you if you haven't even filled out stuff yet, though.
May 16 2014 11:42PM
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swaggerboi
Posts: 321 - Karma: 1,374
well you might as well take the breaks and eat the food then
May 16 2014 11:59PM
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b-kul
Posts: 4350 - Karma: 1,111
i think you are required to take a half hour break for every so many hours worked. the meal thing seems weird to me though. maybe it is just an honest miscommunication easily resolved?
May 17 2014 12:10AM
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kung_powpow
Posts: 1990 - Karma: 3,671
Bitch, eat you damn food and take your damn break instead of being a try hard dumb ho
May 17 2014 12:19AM
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Blake.P
Posts: 9894 - Karma: 3,585
b-kuli think you are required to take a half hour break for every so many hours worked. the meal thing seems weird to me though. maybe it is just an honest miscommunication easily resolved?


i dont know what the exact rules are for where ever she is from, but in washington, any shift gets a 15 minute break and anything over 5 hours gets a (unpaid) lunch break

if you are working 8 hour shifts, they are legally required to take you off the clock for 30 minutes at some point. however, if you are still working during that time, talk to your boss, because you are technically off the clock. also if anything happens to you during that time (injury or anything) they can be in ridiculous shit because they had somebody off the clock acting as a working employee
May 17 2014 12:20AM
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theBearJew
Posts: 10951 - Karma: 15,633
Take your breaks and eat your food. Especially if hes paying you under the table. No taxes, cheap food, 30 mins of break, no taxes. Did I mention no taxes?
May 17 2014 12:34AM
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ESAND
Posts: 1607 - Karma: 744
shreddinthegnarrWhen I got the job a few weeks ago I did 0 paper work. Just an application that said nothing about this. I never signed anything either. I didn't fill out a w4 or anything. I don't even think they have my social security number...


I would wait at least a couple months to see if the start paying you correctly. If they don't, call the IRS and tell your boss you won't testify if he pays you 5x the lost wages.
May 17 2014 1:58AM
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HeshTaDeath
Posts: 152 - Karma: 827
Pretty common for restaurants. I'd suggest eating the food, and taking the breaks.
May 17 2014 2:15AM
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NinetyFour
Posts: 8650 - Karma: 13,411
HeshTaDeathI'd suggest eating the food,


http://www.youtube.com/watch?v=c2glOppqBRg
May 17 2014 2:28AM
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MLJ
Posts: 1849 - Karma: 3,649
Sounds like a weird situation. Id say call him out on it.
May 17 2014 3:09AM
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deleted5
Posts: 14507 - Karma: 13,507
Yes, every 6 hours you work you need a half hour break, and you should not be working, same goes for meals he should not be charging you unless you are eating. However, if you try to fight this you will win, but most likely lose your job, so ask your self is it worth it? just try to find a better job while staying there.
May 17 2014 3:30AM
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*DUMBCAN*
Posts: 2447 - Karma: 5,628
Don't call him out. You're losing less than you would if you payed taxes, and as everyone said you may as well take your break and food. If you talk to him you risk annoying him which might make him want to get rid of you, which he can because I doubt there's any paperwork stopping him from firing you at zero notice and for no reason.
May 17 2014 8:29AM
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Mingg
Posts: 13978 - Karma: 49,320
.Hugo.Are you getting paid under the table in cash?


I'm getting paid on the books but I don't think that's right because I didn't give them my social security number. And if I'm not on the books, even more money is getting taken out. I calculated how much should have been taken out and how much that was actually taken out was more than that. I assumed it was for taxes, but now I'm starting to think otherwise.

SexWith2Gorillaswell you might as well take the breaks and eat the food then


I really would, everyone takes several cig breaks throughout the night. I don't smoke tho and they've all been there longer so they go before me. I help the cooks and waitresses and i do all the bitch work so it's hard to find time to take a break at all. Even when nothing is going on, there's stuff I should be doing. The food is kinda gross in my opinion. I've watched how it's prepped and I'm not a fan.

And I'm from New York. I only work 6 hour shifts. I think the law if you're a minor says you have to take a break during 6 hour shifts but an adult doesn't have to. I'm 18 which would mean I wouldn't have to take one. I could be wrong about that tho.
May 17 2014 8:51AM
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Mingg
Posts: 13978 - Karma: 49,320
zzzskizzzYes, every 6 hours you work you need a half hour break, and you should not be working, same goes for meals he should not be charging you unless you are eating. However, if you try to fight this you will win, but most likely lose your job, so ask your self is it worth it? just try to find a better job while staying there.


Im gonna ask him to not take the money out for food at least and if I get fired, oh well. I'm already not on good terms with him. When he offered me the job I told him of my other job and that I play rugby and that they were my number 1 and 2 priorities and this job was 3rd. He said that was alright and that they could use me 2 days a week when I wasn't busy. I've had rugby things and he asked me to come in on the day I work at my other job and he's pissed off that I said I couldn't but I'm pretty sure we made it clear that I couldn't work those days. Im starting to think I should just quit so I don't get fired haha
May 17 2014 9:00AM
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little1337
Posts: 8241 - Karma: 47,867
Definitely call him out on it
May 17 2014 9:10AM
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nutz.
Posts: 3150 - Karma: 6,712
shreddinthegnarrI'm getting paid on the books but I don't think that's right because I didn't give them my social security number. And if I'm not on the books, even more money is getting taken out. I calculated how much should have been taken out and how much that was actually taken out was more than that. I assumed it was for taxes, but now I'm starting to think otherwise.



I really would, everyone takes several cig breaks throughout the night. I don't smoke tho and they've all been there longer so they go before me. I help the cooks and waitresses and i do all the bitch work so it's hard to find time to take a break at all. Even when nothing is going on, there's stuff I should be doing. The food is kinda gross in my opinion. I've watched how it's prepped and I'm not a fan.

And I'm from New York. I only work 6 hour shifts. I think the law if you're a minor says you have to take a break during 6 hour shifts but an adult doesn't have to. I'm 18 which would mean I wouldn't have to take one. I could be wrong about that tho.



If you've never filled out a work form, or any sort of agreement and he's taking out money that should be for your taxes+more.... lol you should probably call him out on it
May 17 2014 9:35AM
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49566738265
Posts: 0 - Karma: 7,704
You are getting paid tax free under the table and apparently get free food and breaks for only $25 a week. You couldn't do anything legal about it, your income is illegitimate anyway.
May 17 2014 9:38AM
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brotherdad
Posts: 2076 - Karma: 13,067
shreddinthegnarrI'm 18


Hey baby
May 17 2014 11:19AM
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Iliveinutah
Posts: 1250 - Karma: 5,147
not illegal my job does the same thing and its a huge corporate place, so ya take your break because the company can get in trouble if they don't give you one so they are going to give it to you if you take it or not. and you should be able to opt out of the food plan they have that if they say you have to stay in it is illegal.
May 17 2014 11:49AM
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danbrown
Posts: 11939 - Karma: 21,826
i don't know about the food but by law they're required to give you a 15 min paid break per 4 hour shift.
May 17 2014 12:02PM
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milk_man
Posts: 5252 - Karma: 5,980
inb4 the IRS sees this thread


And obamas all like
May 17 2014 12:03PM
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49566738265
Posts: 0 - Karma: 7,704
danbrowni don't know about the food but by law they're required to give you a 15 min paid break per 4 hour shift.


But aren't you, by law, required to pay taxes on your income? I feel like she doesn't have a foot to stand on because everything I've read points to her being paid under the table.
May 17 2014 12:11PM
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~~~~~~~~
Posts: 2345 - Karma: 2,104
Dustin.But aren't you, by law, required to pay taxes on your income? I feel like she doesn't have a foot to stand on because everything I've read points to her being paid under the table.


That just proves more that the owner is shady and needs correcting. He's the one breaking the law not OP.
May 17 2014 12:20PM
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Tinga
Posts: 11349 - Karma: 2,333
I hate restaurants. everyone and their mothers wants to open one but they all fail. they try to cut labor as much as they can and treat people like theyre disposable because they can.
May 17 2014 12:21PM
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danbrown
Posts: 11939 - Karma: 21,826
Dustin.But aren't you, by law, required to pay taxes on your income? I feel like she doesn't have a foot to stand on because everything I've read points to her being paid under the table.


haha i just skimmed the thread but if she's not paying taxes then yeah anything legal or fair goes out the window
May 17 2014 12:48PM
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LiquorLanch
Posts: 1909 - Karma: 1,046
TingaI hate restaurants. everyone and their mothers wants to open one but they all fail. they try to cut labor as much as they can and treat people like theyre disposable because they can.


You do realize restaurants are incredibly hard and stressful to run, let alone make a profit?
May 17 2014 1:05PM
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MLJ
Posts: 1849 - Karma: 3,649
jah_house_chefYou do realize restaurants are incredibly hard and stressful to run, let alone make a profit?


This. I know several restaurant owners, and they all hardly make any profit on them. The only one who is successful owns a chain in russia with 20+ restaurants, and the business is hardly profitable anyway.

With regards to your situation, were you under the impression that you were paying taxes/ were told taxes were being deducted? If so, this is the owners wrongdoing and you most likely do have a legal leg to stand on, although I'm no lawyer so I can't be sure. I would say try to find out if you are actually paying taxes, because it seems like you would be better off paying taxes than having him steal money from you. Plus the money won't go to some asshole who is willing to rip off employees like that, but will be used to build roads and shit. ( and go to war, cuz this is america we're talking about.)
May 17 2014 1:28PM
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Casey
Posts: 7849 - Karma: 24,327
Dustin.But aren't you, by law, required to pay taxes on your income? I feel like she doesn't have a foot to stand on because everything I've read points to her being paid under the table.


its both, there's L&I, social security, payroll taxes, all kinds of shit that the employer is skipping out on by paying under the table. You can call labor and industries and ask them about your situation, and they will represent you if they think you have a leg to stand on, might get you a little cash back if the boss does to want to work with you or if you get fired for bringing it up.
May 17 2014 1:35PM
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Mingg
Posts: 13978 - Karma: 49,320
MLJWith regards to your situation, were you under the impression that you were paying taxes/ were told taxes were being deducted? If so, this is the owners wrongdoing and you most likely do have a legal leg to stand on, although I'm no lawyer so I can't be sure. I would say try to find out if you are actually paying taxes, because it seems like you would be better off paying taxes than having him steal money from you. Plus the money won't go to some asshole who is willing to rip off employees like that, but will be used to build roads and shit. ( and go to war, cuz this is america we're talking about.)


Yeah I was under the impression that I was but then I realized in making this thread I never filled out a w4 or gave him my ss number to file one for me. Still, money was getting taken out of my checks to go towards taxes and an extra 30 bucks for food and breaks that I didn't take. I have no problem paying taxes. It's my boss who's being a cheap bastard.

I guess he does this to every one of his kitchen workers even if they ask not to do it too. I'm assuming this is because were all under 19 and almost everyone is on some kind of drug so he thinks were all dumb.
May 17 2014 1:44PM
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207
Posts: 8969 - Karma: 3,846
No one has really iterated this in here but I'll dumb it down for you: YOU ARE GETTING PAID UNDER THE TABLE ILLEGITIMATELY. I DONT CARE IF YOU ARE "ON THE PAYROLL" IF YOU DIDN'T FILL OUT W4'S AND GIVE THEM YOUR SOCIAL SECURITY NUMBER YOU'RE GETTING PAID UNDER THE TABLE. THEREFORE THEY DON'T HAVE TO ABIDE BY ANY LABOR LAWS AND CAN DO WHATEVER THE FUCK THEY WANT BECAUSE IT'S NOT ON THEIR BOOKS.
May 17 2014 1:50PM
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Ski_Alot
Posts: 5900 - Karma: 3,657
Probably because you're a woman
May 17 2014 1:52PM
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cobra_commander
Posts: 16909 - Karma: 4,687
It will vary by state.

Of course, not paying income taxes leaves you in a bit of a rut.
May 17 2014 2:00PM
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belden...
Posts: 2914 - Karma: 1,274
didn't read the thread and this has probably already been said but,

Just take your breaks and eat the food
May 17 2014 2:00PM
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spliff.Life
Posts: 7847 - Karma: 1,549
207No one has really iterated this in here but I'll dumb it down for you: YOU ARE GETTING PAID UNDER THE TABLE ILLEGITIMATELY. I DONT CARE IF YOU ARE "ON THE PAYROLL" IF YOU DIDN'T FILL OUT W4'S AND GIVE THEM YOUR SOCIAL SECURITY NUMBER YOU'RE GETTING PAID UNDER THE TABLE. THEREFORE THEY DON'T HAVE TO ABIDE BY ANY LABOR LAWS AND CAN DO WHATEVER THE FUCK THEY WANT BECAUSE IT'S NOT ON THEIR BOOKS.


this, you could get his business in A LOT of trouble and possible shut down
May 17 2014 2:37PM
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Utard
Posts: 2132 - Karma: 305
Well, your boss is committing wage theft (which is illegal even if committed against undocumented workers) but you're committing tax fraud so you should probably talk to him and threaten to report him to the Dept. of Labor. If he fires you he can get into even more trouble. You're going to have to go on the books and start paying taxes though.

http://www.nclnet.org/worker-rights/148-wage-theft/529-wage-theft-youre-a-victim-now-what
May 17 2014 4:31PM
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cool_name
Posts: 4295 - Karma: 3,131
at least in bc the government hosts a website with the labour laws that are easy to read through and understand, go find those and read them.
May 17 2014 6:47PM
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milk_man
Posts: 5252 - Karma: 5,980
Call your boss out on what he's doing wrong




Then blackmail him
May 17 2014 7:16PM
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Huck_Fin
Posts: 355 - Karma: 968
Kill his wife.
May 17 2014 11:50PM
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Mingg
Posts: 13978 - Karma: 49,320
SteezeyMcbreezeyKill his wife.


I think she's dead...
May 17 2014 11:58PM
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arnie_grape
Posts: 3451 - Karma: 11,683
didnt read the thread

but discuss it and if he keeps taking the money then make sure you take full advantage of what he's taking money for.

busy night? take your break at 630
taking money for meals? order the most expensive thing you can every shift. if you don't eat it one of your friends will.

of course this could get you fired but I dunno you're a waitress, there are other restaurants.
May 18 2014 12:34AM
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Ribss.
Posts: 3442 - Karma: 3,344
The 3$ doesn't sound legal, but for every 4 hours you work you are required to take a 15 minute break by law and for every 8 a 30 minute break. Even if you don't take the break you can't be paid for the time. People are often forced to work through these breaks with no knowledge of the situation, which is what might be happening to you.
May 18 2014 1:11AM
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arnie_grape
Posts: 3451 - Karma: 11,683
Ribss.The 3$ doesn't sound legal, but for every 4 hours you work you are required to take a 15 minute break by law and for every 8 a 30 minute break. Even if you don't take the break you can't be paid for the time. People are often forced to work through these breaks with no knowledge of the situation, which is what might be happening to you.


I think this rule varies by region cause it's not like this where I work
May 18 2014 10:25AM
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.Hugo.
Posts: 17360 - Karma: 28,485
Ribss.The 3$ doesn't sound legal, but for every 4 hours you work you are required to take a 15 minute break by law and for every 8 a 30 minute break. Even if you don't take the break you can't be paid for the time. People are often forced to work through these breaks with no knowledge of the situation, which is what might be happening to you.


For me I get paid for my 15 minute breaks, but not for the 30. Otherwise that's exactly how the laws are here
May 18 2014 10:30AM
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