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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.

    http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

    http://www.dol.gov/dol/topic/wages/wagestips.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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

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