Would this be considered a deduction?

[wesley90]

What is the name of your state (only U.S. law)? Maryland

I am a union sheet metal worker and as a first year 2nd half apprentice I make a base wage rate of $18.56 an hour plus fringes (health insurance, etc) which brings me up to $28.86 an hour. My company has not paid my fringe benefits since August of this year meaning I have no health insurance ($6.82 an hour) or 401(k) (mandatory minimum of 50 cents an hour) being paid out. Would I be able to write what they have not paid me off as a loss of some sort? I know this is a shot in the dark but I figured I might as well ask.

Thanks.

 

[LdiJ]

What is the name of your state (only U.S. law)? Maryland

I am a union sheet metal worker and as a first year 2nd half apprentice I make a base wage rate of $18.56 an hour plus fringes (health insurance, etc) which brings me up to $28.86 an hour. My company has not paid my fringe benefits since August of this year meaning I have no health insurance ($6.82 an hour) or 401(k) (mandatory minimum of 50 cents an hour) being paid out. Would I be able to write what they have not paid me off as a loss of some sort? I know this is a shot in the dark but I figured I might as well ask.

Thanks.

You can only make a deduction if the income related to the deduction appears on your W2 as income.

So, if your W2 were to show that you made 28.86 an hour then you would be able to make those deductions, because you did not actually receive 28.86 per hour. However its very unlikely that your W2 will reflect anything more than your base wage rate.

 

[Willlyjo]

What is the name of your state (only U.S. law)? Maryland

I am a union sheet metal worker and as a first year 2nd half apprentice I make a base wage rate of $18.56 an hour plus fringes (health insurance, etc) which brings me up to $28.86 an hour. My company has not paid my fringe benefits since August of this year meaning I have no health insurance ($6.82 an hour) or 401(k) (mandatory minimum of 50 cents an hour) being paid out. Would I be able to write what they have not paid me off as a loss of some sort? I know this is a shot in the dark but I figured I might as well ask.

Thanks.

If your company is not paying benefits that they are suppose to be paying, file a grievance with your union. If your union don't do their job, you need to file a Complaint with the NLRB. This is assuming your CBA requires such benefits. If the NLRB ignores your issues, then you have the right to sue in Federal Court for breach of a CBA. There is a statute of limitations of 6 months to do so.