Employer not reporting to EDD

[labor_a]

State: California

Hi All,
My employer hired me 3.5mths ago. He hasn’t reported to EDD since then nor has he signed up with any payroll service. Even after repeated requests, he has ignored me and prefers to pay by cash/check every month. He is not even issuing me a W2 to file my income taxes even after repeated requests. I’ve made it very clear to him that I want to be compliant with the law and don’t appreciate him doing this, but he says that there are a number of other companies doing the same without getting into trouble. What is the best thing to do in this situation? I definitely need to file my income taxes.
Thanks for your help.

 

[Zigner]

You need to do your taxes based on NOTHING having been taken out in the way of taxes. You also need to contact the state and the feds about the illegal business practices of your employer.

 

[cbg]

Just one thing - I'm doing the math in my head.

In most states (I admit I do not know specifically about California) reports are made to whatever the state calls what CA calls the EDD, once a quarter. If you have been working there for three and a half months, in most states he would have been making the FIRST report that included you only about three weeks ago.

I don't know where you are getting the information that he is not making the reports, but if you are checking on your own account with the EDD, and given how understaffed the EDD is, this is just about when I would expect to see the first reports show up under the best of circumstances.

He is not required to sign up with a payroll service; nor is paying in cash inherently illegal.

However, he is required to make all the appropriate payments to the appropriate agencies. You are not in any trouble as long as you make the payments you are supposed to make. Follow Zigner's advice about any illegal practices, but be sure that he really is failing to make the required reports/payments first.

The IRS will take complaints about missing W-2's now.

 

[swalsh411]

Do you get a pay stub? That is required by California Labor Code Section 226.