Confused about pay, dedcutions, and overtime.

[illinoisworker]

What is the name of your state (only U.S. law)? Illinois. I have been getting screwed on my pay now for the past 3 weeks. First off, my employer does NOT give any type of an itemized list of what deductions are for, how much they are, etc. Just get paid with a business check and no stub on it. He says he deducts taxes, however, I have never filled out nor signed a state or federal W-4. Also if you work over 40 hours, he simply has his secretary keep a log and ONLY pays you for 40 hours and holds the "overtime" as hours for another check. He has less than 20 employees and all of them are paid the same way.
Is this legal? How can he deduct anything without me knowing what it is for? If this is not legal who should I contact? Thanks for your help.

[pattytx]

1. You should be able to tell if the employer is deducting taxes just by comparing your expected gross pay with the net amount of the check you receive. If the latter is less than the former, obviously something is being deducted.

2. Theoretically, a W-4 is not required. If the employer does not have one, he is required to withhold at single-0. And Illinois does not have a "state W-4"; Illinois withholding is a flat 3%, irrespective of marital status or exemptions.

3. Assuming you are legally entitled to overtime, "holding" your overtime is illegal. What type of business is this and what do you do on a daily basis? What do they say they are "holding" it for (not that it legally matters, but I'm just curious)?

(820 ILCS 115/10) (from Ch. 48, par. 39m‑10)
Sec. 10. Employers shall....furnish each employee with an itemized statement of deductions made from his wages for each pay period.
(Source: P.A. 81‑593.)

[url=http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapAct=820%26nbsp%3BILCS%26nbsp%3B115%2F&ChapterID=68&ChapterName=EMPLOYMENT&A ctName=Illinois+Wage+Payment+and+Collection+Act%2E[/url]

[illinoisworker]

Originally Posted by pattytx

What type of business is this and what do you do on a daily basis? What do they say they are "holding" it for (not that it legally matters, but I'm just curious)?

Building maintenance work is what I do. (well what he says it is). He is an attorney that owns half of this town and thinks he can do whatever. He says he won't pay overtime is his only reason for holding the hours. I can work 60 hours in his pay period (weekly pay) then take off 20 hours next month in a certain pay period and get paid those 20 hours from the week he held on to them for. It is just his way of being a bigger tightwad than he already is. The Illinois thing I looked at which was from the State Legislature, says that ALL employers must give all employees some sort of itemized deductions list. He does not. There is something crooked he is doing, I just haven't pin pointed it yet. He is very crooked.

[xylene]

If you are unhappy with your wages going unpaid, contact the authority in your state who handles wage claims.

The way you state it, he is avoiding paying you the time and 1/2 required.

Not legal.

You would have a claim for back wages and future pay.

[pattytx]

So, file the claim with the state Dept of Labor for failure to pay overtime.
[url=http://www.state.il.us/agency/idol/laws/Law105.htm[/url]

Note, of course, that any straight-time pay paid for overtime hours would be deducted from anything otherwise due you for 1.5 overtime hours.

You can also file a complaint with the state DOL regarding the failure to provide the statement of deductions.