Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Child Labor in RI...I Think There's Something Wrong with my Job

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Child Labor in RI...I Think There's Something Wrong with my Job

    Hi. I'm 16 and I've got a question. I currently work at a computer store in Rhode Island. I started this passed June thinking it wasn't going to be too bad. Well it was OK for a few weeks but then Summer Vacation came along. I was then forced to work 9 hour days for 2 weeks straight...this gave me a total of 54HRS A WEEK! Evidentally my boss put me under a 1099, but I have set hours (kind of...I was working 9-6 or 9-7 on those days and 9-5 on the Saturday). THEN! He goes away to France FOR A MONTH, leaving me and another 18 year old kid to work at the store for a month. Needless to day, I was working way too much than I wanted to during the summer. I'm getting paid only $7 an hour as well. My boss also yells and swears at me at times as well. He is half Spanish and half Arabic, and one of the most disgusting humans on the planet (another long story). During the time I worked, I received NO OVERTIME WHATSOEVER (even on the 54hr week I worked).

    I know something here is illegal. Like I also said before, I work in Rhode Island and am under a 1099 (which he's doing wrong anyways from what I hear) so I don't get taxes taken out of my pay. I was paid every week at the beginning but after he left it went to every 2 weeks for some reason.

    Thanks! Steve

  • #2
    Well, you are absolutely correct that a 1099 is incorrect for you. You were clearly and employee, subject to all wage and hour coverage, and you should have had taxes withheld from your check and you should get a W-2, not a 1099-MISC. As an employee, they were required to pay you overtime for over 40 hours worked in a workweek.

    Now, it does appear that, at 16 and during summer vacations, they are not required to limit your work hours. Nor is it illegal to change your pay frequency from weekly to biweekly. And, unfortunately, it is not illegal for your boss to be rude and yell at you.

    Having said all that, your first step is to file a claim for unpaid overtime with the state Dept. of Labor. Make sure you also tell them that this employer did not withhold taxes from your pay and told you that you will be getting a 1099-MISC, not a W-2. The DOL will not be happy, and they will definitely share that information with the state Dept. of Taxation and the IRS. The DOL will investigate on your behalf and order this idiot to pay back wages.
    http://www.dlt.ri.gov/ls/pdfs/LScomplaintform.pdf

    Good luck to you and good for you for standing up for your rights. Most young men of your age would just let this go, and you shouldn't.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      I am not sure it is germaine to this issue, but at least in Minnesota it is.

      After speaking with a Department of Labor investigator about collecting back wages of my own I was told "All the DOL does is enforce the minimum wage" If I where to file an unpaid wage claim, even if that included overtime, I waive my rights to collect any more than minimum wage + any over time paid out at minimum wage x 1.5. Unfortunately in Minnesota, anything attempt to get unpaid wages through State action on income over minimum wage is considered enforcing a contract and has to be handled through the civil courts.

      Comment


      • #4
        And if the poster had worked in Minnesota, it would be germane. But he didn't. And by the way, what is true in Minnesota is not true in a number of other states.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Thank you for your comments. It is also Columbus Day and I'm sitting here at work getting paid $7/hr. Would it be time and a half today since it's a national holiday?

          Comment


          • #6
            Nope. No employers in the private sector are required to offer any holidays, whether paid or unpaid, and if they do there is no requirement that an employee recieve premium pay for working on a company provided holiday.

            National holidays apply only to government employees and banks.

            Comment


            • #7
              Why does his race have anything to do with it ??

              His race has nothing to do with his behavior. If you want to be treated fairly, I suggest you do the same.

              "He is half Spanish and half Arabic, and one of the most disgusting humans on the planet (another long story). "

              Comment


              • #8
                Originally posted by techwriter
                "He is half Spanish and half Arabic. "
                His spicy diet?

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X