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Required to be on the job with pay. Arizona

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  • Required to be on the job with pay. Arizona

    I am in the beginning of my search on this, but I relish this site and think some may offer some insight.
    I was recently terminated from a position with a catering company. It is company policy to be onsite setting up 1 1/2 hours prior to the event. This time was not paid. It was also policy that anytime after the event breaking down was not paid. I have it in writing. I also have no check stubs and event sheets. Do I have a case? If so how far back can I go and is there a time limit in which to file?
    I am also looking in the fact that clients would place gratiuity included in the invoice that never made it to the employee. Do I have a case?
    This employer would also the employee work for tips only for certain events. I believe I have a grasp on that but any opinions and assistance your be extremely helpful.
    Last there be many a time when the employees would be on sight for over six hours and not given so much as a break. Do I have a case?
    Any opinions, direction to case study, and advice received on this would be most helpful.
    Last edited by siksix; 10-27-2009, 01:07 PM.

  • #2
    I can give you several federal DOL factsheets to read. The one obvious question is to make sure that the worker(s) in question are being treated as employees (W-4, taxes withheld, W-2 issued at year end). I am not saying that workers given the facts as stated can legally be treated as independant contractors, but I can say if the "customer/employer" is treating workers as IC, then that is an issue that needs to be first resolved prior to using employee specific remedies.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thank you for your response. The employees are counted as "employees". Taxes are withheld once payroll is run.