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Withholding paychecks in TN Tennessee

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  • Pattymd
    replied
    Originally posted by demartian View Post
    TN doesn't have a state minimum wage, they use the Federal laws instead, that's probably why the US DOL had to get involved.
    Yeah, demartian, you're probably right.

    Well, so far so good, at least THinton. That will help you when in your civil suit. Good luck on the rest.
    Last edited by Pattymd; 11-17-2007, 09:27 AM.

    Leave a comment:


  • demartian
    replied
    TN doesn't have a state minimum wage, they use the Federal laws instead, that's probably why the US DOL had to get involved.

    Leave a comment:


  • THinton
    replied
    Update

    Patty just wanted to let you know that my husband got a large portion of his check, not the whole amount owed to him (short about $700.00) we will have to file a small claims on the rest.

    I am not sure why it we had to go through the US DOL and not the State DOL, but either way it worked in our favor... At first my husband's former employer got rude, and started arguing with the US DOL and telling them they didn't know what they were talking about... But once the US DOL faxed my husband's former employer a copy of the Law, things went very quick and much more quite for us.

    We have also filed a complaint with the IRS for his former employer wrongfully catorgizing him, this will take a few more weeks maybe into months to find out what that decision is, but at least we are covering our ends.

    T.Hinton

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  • Pattymd
    replied
    That's what I meant when I said it sounded like an employee/employer relationship, in contrast to an independent contractor gig.

    My previous advice stands. He needs to file a claim with the state Dept. of Labor. In the meantime, I recommend contacting a tax professional for assistance with federal taxes. With no withholding, he's going to have to pay both portions of Social Security and Medicare taxes, and perhaps make an estimated tax payment so you don't end up with an underpayment penalty when you file your 1040.

    There are other issues the company will need to deal with for misclassifying him (and perhaps other workers), such as failure to provide Worker's Comp (I'll bet), failure to withhold and pay over federal payroll taxes, failure to report wages for unemployment purposes and pay those taxes, etc.

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  • THinton
    replied
    Hi,

    Yes I did read the links (confussing, but I read them). I just contacted to make sure that the US DOL understand my husband employement.

    The US DOL asked me if they (meaning employer) made the decsions on where, and what he will pick up (yes, they made those decsions). If he received a regular paycheck from them (which he did), or had a signed contract to get paid a certain amount (which he did not).

    The US DOL said that he is considered an employee of that company. However, we still need to contact the IRS (which I have done so) because my husband was not filed correctly.

    I hope this makes sense

    T. Hinton

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  • Pattymd
    replied
    Crossing the state line has nothing to do with it. The state laws in which the worker is based may (or may not) address when employees must be paid. Federal law does not address when employees must be paid.

    The key word here is employee. Did you even read the link I gave you? If your husband is correctly classified as an independent contractor (I'm not convinced), then the only recourse he has is to sue in court, just like any other vendor/supplier.

    Leave a comment:


  • THinton
    replied
    Update

    I just wanted to let you all know that because my husband crossed the state line, that it is considered a Federal issue, and his former employers cannot withhold his paycheck or take out any money from his check. His former employers have until this Friday to pay my husband or else...

    Thank you for your help

    T. Hinton

    Leave a comment:


  • Pattymd
    replied
    Sounds like an employee to me. I would recommend he file a claim with the state Dept. of Labor for both the unpaid wages and the improper deduction. Let the employer try to justify IC status to the DOL.

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  • THinton
    replied
    I also don't know if this helps any but the employer also filed the taxes as a 1099-MISC form

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  • THinton
    replied
    Hi again..

    I don't know if this will help determin if my husband is an Independent Contractor or not..

    1. Their truck, and trailor
    2. They pay for fuel, repairs
    3. They pick where, when, and how my husband would, should and could pick up a load
    4. My husband at first was paid by a percentage of what they make, then last Febuary that changed to him getting paid .42 cents per mile

    Meaning of they (Employer)

    I am very sorry if I am asking so many questions, my stress level on this subject has gone from low to very high in the last 2 weeks.

    Leave a comment:


  • Pattymd
    replied
    Unauthorized Deductions from Paycheck:

    Under Tennessee law deductions can only be taken out of pay if the employee has authorized it by a written statement.
    What is the law concerning payment of final paychecks to employees?

    Tennessee employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 21 days from the date of their discharge or termination. Claims against an employer for late payment may be filed with the Labor Standards Division. The Tennessee Department of Labor and Workforce Development has the authority to enforce this law. You may review this law at Tennessee Revised Statutes Title 50-2-103(g)
    Both from http://www.state.tn.us/labor-wfd/lsques.html#laborlaws

    OK, maybe forget all the above; they only apply to employees. I just read your final statement about him paying his own taxes and that indicates the company is treating him as an independent contractor. Now, that may or may not be correct. Here is a good description of the criteria for determining IC status. Note that not all criteria must be met, nor are all factors given the same weight. But, it's possible that he should have been treated as an employee all along.
    http://www.irs.gov/businesses/small/...=99921,00.html

    Leave a comment:


  • THinton
    started a topic Withholding paychecks in TN Tennessee

    Withholding paychecks in TN Tennessee

    Hi,

    My husband's last 2 paychecks are being withheld from his former employer. He was working for a very small trucking company, and made the decision to leave their company because they had taken $99.00 out of his paycheck without notify him, for checks that the company bounced (not my husband) because his payroll check was sent in a day earlier. Now they are withholding his last 2 checks claiming that he needed to pay for damage done to the truck back in March, which he told them about and his former employers told him to claim it "as someone else did it". My husband refused to lie about the damage, and they have not brought the damage up again until he quit the company.

    My question's are.. 1) Can they take out the $99.00? 2) Can they withhold his last 2 paychecks?..

    In case you are wondering did he sign any contracts.. The only contract that was signed when he was hired, was stating that he would be responsible for paying his own taxes.

    Thank you,
    T. Hinton
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