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insanto1
04-13-2006, 11:52 AM
need a lil help


i've worked for a a llc for 2 weeks now i have not recieved a paycheck even tho the other employees have. i also havent filled out a w2 or application is there anything i can do. i have asked him about this many times and he pushes it off........he also has stated he is going to deduct time for "cell talk" which he hasnt seen and other employees extend the truth....A> if he doesnt give me a check is there anything i can do seeing that i havent filled out the w2 or application.

B> can he deduct time for that?

cbg
04-13-2006, 12:06 PM
Nothing in the law requires that you fill out an application. Nothing in the law requires that you complete a W-2 (although it is preferable). If you don't complete a W-2, they are required to take taxes out of your paycheck at the Single-0 rate.

You can file a complaint for unpaid wages with your state DOL if he refuses to pay you.

Pattymd
04-13-2006, 12:27 PM
And just for clarification, it's a W-4 form. Have you filled out any paperwork? I-9 (Eligibility to work in the U.S.)?

When was/is your first paycheck supposed to be issued? What pay period does that paycheck cover?

cbg
04-13-2006, 12:36 PM
And just for clarification, it's a W-4 form.

Thanks, Patty. I filed my taxes this morning; you can tell where my head is.

insanto1
04-13-2006, 01:06 PM
no paper work what so ever just has me come to work

insanto1
04-13-2006, 01:08 PM
not sure if i understand but under the none paying ic 10% for each day i dont want it if i can but am i elegible for the 10% for each day

Pattymd
04-13-2006, 01:16 PM
I have no idea what your last post just said. By "ic", do you mean independent contractor? 10%? 10% of what?

insanto1
04-13-2006, 01:25 PM
I have no idea what your last post just said. By "ic", do you mean independent contractor? 10%? 10% of what?
i was talking about the labor laws under the like ic 22-2- ??????? not sure what the exact is

cbg
04-13-2006, 01:30 PM
I don't understand what you're talking about either. I'm not familiar with a labor law ic22-2. Can you post a link? Or at least tell us what this law reportedly says?

Pattymd
04-13-2006, 01:30 PM
Well, if you don't even know what it's about, I'm not searching the labor code for it. I need the answers to my questions before I can advise you as to 1) whether your paycheck is even late at all; and 2) what your recourse is.

insanto1
04-13-2006, 02:11 PM
http://www.in.gov/legislative/bills/2005/SB/SB0020

IC 22-2-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) Except as provided in subsection (b), every such person, firm, corporation, limited liability company, or association who shall fail fails to make payment of wages to any such an employee as provided in section 1 of this chapter shall as liquidated damages for such failure, pay to such the employee for each day that the amount due to him the employee remains unpaid interest at the annual rate of ten percent (10%) of on the amount due to him the employee in addition thereto. not exceeding double the amount of wages due, and said damages to the wages due.

Pattymd
04-13-2006, 02:22 PM
But until you answer my questions, I can't even say that your payment is late. See? I can't pull this information out of my hat here.

Pattymd
04-13-2006, 02:24 PM
And I have to assume, without reading the entire section, that 1) that's 10%APR which is not going to add up to much, and 2) such additions would be ordered by the Dept. of Labor when they instruct your employer that payment is late. Such laws must be read in context, and cannot always be interpreted separately from other related laws.

insanto1
04-13-2006, 03:17 PM
the rest of the employees were paid 10 days ago and 3 days ago i have worked i worked 11 days mon-fri and no check , i have asked him about it about he puts it off and im not sure what to do other then contact local dol

Pattymd
04-14-2006, 06:11 AM
Well, if you can't tell us what the pay frequency is and what pay period that covered, you're going to have to contact the state DOL, because I can't tell you whether your pay is late or not.

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