Is there a reason I shouldn't report my employers to EDD/BOFE?

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May 16, 2000
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Document EVERYTHING. Let me say that again...DOCUMENT EVERYTHING!!! Go in, take notes, take pictures, take video, take voice recordings...make it look like a project or a surprise birthday thing or anything you want, but get hard evidence on EVERYTHING. File your report with COPIES of your evidence with every single agency there is. Then find out if anyone else feels the way you do, have them file their reports to all the same agencies. Make sure you retain a copy of all evidence however. IF that fails to get any action, go to the local paper and radio and tv stations...show them your evidence. Don't stand for scummy business owners...people like that have no right to exist in this country.
 

TheBoyBlunder

Diamond Member
Apr 25, 2003
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Originally posted by: masterxfob
Originally posted by: AIWGuru
Dude, you get paid like 50 cents below minimum but you get paid in CASH!
Cash....
Think about it for a second...

and the award for Idiot of the Week goes to......

Don't worry, he's on vacation. Someone started another "is swearing too common on ATOT?" thread and he went into sailor mode.
 

Rapidskies

Golden Member
May 27, 2003
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I didn't see one point in your reasons where they are breaking the law. A waiter isn't entitled minimum wage. It might be a crappy place to work but as far as breaking the law you are going to get laughed at if you turn them in. Just go get a different job if your not happy.
 

dquan97

Lifer
Jul 9, 2002
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Originally posted by: Whade
I didn't see one point in your reasons where they are breaking the law. A waiter isn't entitled minimum wage. It might be a crappy place to work but as far as breaking the law you are going to get laughed at if you turn them in. Just go get a different job if your not happy.

if employers pay in cash, there's a pretty good chance they're not paying the FICA on their wages.
 

TommyVercetti

Diamond Member
Jan 4, 2003
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#4, #5 and #9 are the only slightly illegal things they are doing. Everything else is just how small businesses do things.
 

alkemyst

No Lifer
Feb 13, 2001
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Originally posted by: dquan97
Originally posted by: Whade
I didn't see one point in your reasons where they are breaking the law. A waiter isn't entitled minimum wage. It might be a crappy place to work but as far as breaking the law you are going to get laughed at if you turn them in. Just go get a different job if your not happy.

if employers pay in cash, there's a pretty good chance they're not paying the FICA on their wages.

That's important if doing W2's, but if they claim each worker is supposed to be contract/1099 I think that gets them out of responsibility. I am not sure if 1099's have to be issued or if it's just a favor.

Å
 

dquan97

Lifer
Jul 9, 2002
12,010
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Originally posted by: alkemyst
Originally posted by: dquan97
Originally posted by: Whade
I didn't see one point in your reasons where they are breaking the law. A waiter isn't entitled minimum wage. It might be a crappy place to work but as far as breaking the law you are going to get laughed at if you turn them in. Just go get a different job if your not happy.

if employers pay in cash, there's a pretty good chance they're not paying the FICA on their wages.

That's important if doing W2's, but if they claim each worker is supposed to be contract/1099 I think that gets them out of responsibility. I am not sure if 1099's have to be issued or if it's just a favor.

Å

That's IF they qualify as a contractor. From the IRS website:

Independent Contractor

An employer must generally withhold income taxes, withhold and pay social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. An employer does not generally have to withhold or pay any taxes on payments to independent contractors.

The general rule is that an individual is an independent contractor if you (the person for whom the services are performed) have the right to control or direct only the result of the work, and not what will be done and how it will be done or method of accomplishing the result.

People such as lawyers, contractors, subcontractors, public stenographers, and auctioneers who follow an independent trade, business, or profession in which they offer their services to the public, are generally not employees. However, whether such people are employees or independent contractors depends on the facts in each case. The earnings of a person who is working as an independent contractor are subject to Self-Employment (SE) tax.

link
 

tcsenter

Lifer
Sep 7, 2001
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Actually, his "no state in this country" comment is even more wrong than that.
There are seven states that do not allow tips to count towards wages.
Great, thanks for the info. There is such a huge difference between "0 out of 50" (0%) and "7 out of 50" (14%) in the context of what practices are customary and common nation-wide. :p

On a related note, I see that Oregon's minimum wage policy is credited with the loss of 3% of the State's restaurant jobs. I suspect that is a deliberate low-ball figure that portrays the most rosey picture, given that a co-author of the study which found the 3% loss told the Associated Press that previous studies found no direct relation between minimum-wage increases and loss of jobs, a blatant falsehood. Several studies have found a direct relation between minimum-wage increases and loss of jobs.

Maybe he meant 'previous studies I've been involved with'? If so, he should have said that.