Wage Issue

[gabe75007]

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

My daughter (16) accepted a job, this was her first job. She was being paid $2.13 + tips. She worked there for 6 weeks. It took me a while to figure out that she was making no money in tips, I went and talked to her employer about the wage issue, she informed me that my daughter was tipping out wrong. After I went and talked to her employer, my daughter went to work one more time, so we could see if she would make enough money for this job to be worth it (she liked the job), she didn't. I asked her employer about paying her up to minimum wage for the hours she worked, she hasnt responded. I then asked her employer to mail my daughter her last 3 pay checks, as she missed getting one, and the last two where held back weeks of wages. She never mailed them, I called her again and and stated she hasn't had time. Anyways, I am thinking of filing a wage claim against this lady and I am not sure if the minimum wage for a 16 year old is $7.25 or $4.25, and I am not sure what documents we need to prove what hours she has worked, as I found out from a discussion with this employer that my daughter was being paid "contract labor" and was not considered an employee. I figured the hours she worked against what she was paid and it is right under $500.

Any advice would be greatly appreciated & thanks in advance for your time

 

[pattytx]

You're lucky the employer even talked to you. I have managed payroll for companies with many workers under the age of 18 and I have NEVER talked to parents. Your daughter was the employee, not you.

SHE can file a wage claim, including failure to pay MW, with the Texas Workforce Commission.
http://www.twc.state.tx.us/ui/lablaw/ll1.pdf

 

[gabe75007]

I was told by a family member that manages a large company that employs minors that any manager of a minor is required to discuss employment issues with a parent. So maybe I just got lucky.

Do you know about the minimum wage requirement for a 16 year old in Texas? And do you know if she was being paid "contract labor", but doesn't qualify, if we can file the wage claim?

Thanks for your quick response!

 

[pattytx]

Not true. That may be the policy of your family members' company, but it is not a law.

MW in Texas in $7.25, same as for adults. Here is the Texas Child Labor Law in its entirety. I could not find any "training wage" for minors.

http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.51.htm

 

[gabe75007]

Thanks for your help, and one more question (please & thanks). I wanted to drop it, but I dont understand why she won't send the final 3 paychecks. And I feel like I need to teach my daughter to stand up for herself.

Anyways, I am not sure as to what documentation I would be able to send the TWC office, to prove her hours. I really only have a copy of her first and the last check that she did get, both have no hour documentation on them. One is a personal check and the other is drawn on the business and the notation just says the pay period. Thanks again!!!

 

[pattytx]

Again, not YOU, HER. You can certainly advise and help her, but SHE needs to handle this from now on out.

She does not need documentation. She can estimate to the best of her ability. With a wage claim, the burden of proof is on the employer to prove she did NOT work the hours she claims.

Regarding the taxes, even Social Security/Medicare taxes aren't being withheld?

 

[gabe75007]

No , no taxes withheld, that employer is saying she is "contract labor" because she would let them pick the hours they want to work. My daughter has no clue about what any of that means, she is only 16, I only found out about the contract labor at the end of that employment. The employer proceeded to tell me it would cost her too much to pay all the taxes for employees.

Thanks for the reply about the proof of hours worked, I wouldnt have known how to prove you worked somewhere. I will guide her and it is hard to do, because she doesnt know much about employment, and knowledge makes it easier to defend yourself.

Thanks again!!!!

 

[pattytx]

The employer is in violation of all kinds of laws, including the IRS and unemployment laws. "Picking your hours" doesn't make one an independent contractor.

She should file the claim and also make mention that she was misclassified as an IC.

 

[commentator]

Agree wholeheartedly. This employer needs badly to be reported to Wage and Hour, and they'll probably take it on through to other areas, such as unemployment taxes, once the business is examined. So don't worry about proof. Just get enough information in there that they take a look at the business.

Be sure this gets filed, I know that it isn't easy to get a 16 year old to take responsibility like this, they don't really understand how the world works yet.

But it was not a bad idea for you to make her get out of this situation, and to report this employer, because they're definitely running off the books, probably not reporting the wages, illegally underpaying their employees, badly misinformed about the independent contractor thing, and should either be straightened out or put out of business.

 

[gabe75007]

I am going to show her how to file it today, and get it sent over to TWC.

Thanks for all your time and valuable information, I appreciate it!