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Redd
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Research assistance needed.
« on: Jun 23rd, 2007, 9:49am »
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So I went to the WI DWD website and I couldn't find anything regarding the age a worker must be to serve or transport alcohol.  I believe that a server must be 18 in order to take orders and serve alcohol.
 
I'm on my way back there but if anyone could help out with this research I'd appreciate it.  No one short pays my kid!
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Re: Research assistance needed.
« Reply #1 on: Jun 23rd, 2007, 9:59am »
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Here in Wisconsin it's 18.  When my daughter had a server job at 17 she couldn't carry alcohol for another year.  I hope this helps you figure things out for his wage issues.
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Re: Research assistance needed.
« Reply #2 on: Jun 23rd, 2007, 10:13am »
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I've also found some documentation for that and printed it out.  
 
His friend Austin also works there.  I'm going to call over there and talk to his dad and see if they have noticed this on Austin's pay stubs as well.  Maybe there will be 2 families taking this to court.
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Re: Research assistance needed.
« Reply #3 on: Jun 23rd, 2007, 10:17am »
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I'm assuming that he is sharing in the tip pool--how does that play into things?
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Re: Research assistance needed.
« Reply #4 on: Jun 23rd, 2007, 10:21am »
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No...Dylan has never received any tip money, although his pay stub claims he has.  He's sleeping still, but as soon as he wakes up I'll get Austin's phone number and call his father.  This just burns me up.  Cheating a kid out of honest pay is just WRONG!
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Re: Research assistance needed.
« Reply #5 on: Jun 23rd, 2007, 11:12am »
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I called Austins Dad.  Austin is at his mothers for the weekend, but Tom will talk to him Sunday night, and go through some past pay stubs.  He's concerned now as well.  He asked me to call him Monday.  
 
Getting to the bottom of this will take a bit of time.  But I'm going to get to the bottom non-the-less.
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Re: Research assistance needed.
« Reply #6 on: Jun 23rd, 2007, 12:29pm »
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Hi Pegg,
On his paycheck stub, what is the tip thing called?  
Does it say allocated tip?
Does it show the tips as a positive and negative number?  Like an in and out type of thing?  (typically tips show as gross pay, but then are deducted almost like an employee advance from the paycheck because the employee already received it)
 
Is Dyl serving, or is he a bus-boy?
 
 
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Re: Research assistance needed.
« Reply #7 on: Jun 23rd, 2007, 12:38pm »
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on Jun 23rd, 2007, 12:29pm, BMoneeTheMoneeMan wrote:
Hi Pegg,
On his paycheck stub, what is the tip thing called?  
Does it say allocated tip?
Does it show the tips as a positive and negative number?  Like an in and out type of thing?  (typically tips show as gross pay, but then are deducted almost like an employee advance from the paycheck because the employee already received it)
 
Is Dyl serving, or is he a bus-boy?
 
 

 
He was a dishwasher only.  However they list that also was a waitperson. (he wasn't and can't by law wait tables in a supper club).
 
as far as tips, it states "Reported tips" and "tips Deemed Wages".
 
How can he report tips he's never received?  It's just pure BS to underpay the kid.  Now I wonder if there are any fines or legal ramifications to the employer for this shit?
 
to add: It's a positive number for the tips.
« Last Edit: Jun 23rd, 2007, 12:44pm by Redd » IP Logged

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Re: Research assistance needed.
« Reply #8 on: Jun 23rd, 2007, 12:52pm »
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Bummer Redd Cry
 
 Some things never change! the restaurant biz was pulling that crap when I was a kid washing dishes in Chicago back around the time of the fire Grin
 
 Do you have American Eagle Outfitter stores up there and if so would Dylan work retail? I know a certain well respected store manager down here (my kid) that would be happy to make the call and say just how well we know Dylan and what a great work ethic he has Wink
 
 Hope the light is shining on you.......Tim
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Re: Research assistance needed.
« Reply #9 on: Jun 23rd, 2007, 1:02pm »
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Nope No AEO stores near here.  The local grocery store has a number of part time openings.  One of the few places that still does at this time of year. So his chances of getting in are real good.  I need to help him trim up his face, his beard is quite messy.
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Re: Research assistance needed.
« Reply #10 on: Jun 23rd, 2007, 1:26pm »
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on Jun 23rd, 2007, 12:38pm, Redd wrote:

 
He was a dishwasher only.  However they list that also was a waitperson. (he wasn't and can't by law wait tables in a supper club).
 
as far as tips, it states "Reported tips" and "tips Deemed Wages".
 
How can he report tips he's never received?  It's just pure BS to underpay the kid.  Now I wonder if there are any fines or legal ramifications to the employer for this shit?
 
to add: It's a positive number for the tips.

 
 
Its kind of hard to explain this on a message board.  Is there any way you can fax or email me a copy of a check stub?  If not, can you re-type it so I can see the numbers?  
It seems weird there is only 1 number for reported tips, rather than an 'in and out' on the check stub for tax purposes.
 
 
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Re: Research assistance needed.
« Reply #11 on: Jun 23rd, 2007, 1:53pm »
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on Jun 23rd, 2007, 1:26pm, BMoneeTheMoneeMan wrote:

 
 
Its kind of hard to explain this on a message board.  Is there any way you can fax or email me a copy of a check stub?  If not, can you re-type it so I can see the numbers?  
It seems weird there is only 1 number for reported tips, rather than an 'in and out' on the check stub for tax purposes.
 
 

 
It shows
 
Dishwasher     6.08 hours    Rate 6.50000  amount 39.52
Waitperson     10.33 hours   Rate 2.3300   amount 24.07
Reported tips           amount 29.13
Tips deemed wages      amount 29.13
 
No minus signs in the list at all.
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Re: Research assistance needed.
« Reply #12 on: Jun 23rd, 2007, 2:07pm »
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Can you also tell what the taxes are for each one?  He would prolly have 4 or 5 different types of taxes.  Can you please tell me those and also the net pay?
 
 
Also, his paycheck says "waitperson", but he doesnt serve at all?  Was he also washing dishes for the 10.33 hours?
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Re: Research assistance needed.
« Reply #13 on: Jun 23rd, 2007, 2:28pm »
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I'm almost positive that here in Indiana & in Kentucky, any person serving alcohol must be 21 and have a license from the ABC.  
 
UNsolved
 
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Re: Research assistance needed.
« Reply #14 on: Jun 23rd, 2007, 2:29pm »
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Wait a sec... did he work 16.41 hours, and they underpaid him for more than half of those hours?  Are they saying he is a 'waitperson' during the time he is collecting the dishes to wash?  Does he bus the tables as well as wash the dishes?
 
Wow... that whole thing looks like fraud with a cherry on top.  If they are doing this as a regular thing, many employees could be involved, and the employer could be in a lot of hot water.
 
If he isn't getting any tips at all, where the hell do they even come up with the number?  Pure creativity?  Do you realize your son is responsible to pay taxes on those tips since they are reported as wages?
 
-Fu
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Re: Research assistance needed.
« Reply #15 on: Jun 23rd, 2007, 2:34pm »
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on Jun 23rd, 2007, 2:07pm, BMoneeTheMoneeMan wrote:
Can you also tell what the taxes are for each one?  He would prolly have 4 or 5 different types of taxes.  Can you please tell me those and also the net pay?
 
 
Also, his paycheck says "waitperson", but he doesnt serve at all?  Was he also washing dishes for the 10.33 hours?  

 
He was washing dishes for those 10.33 hours, yes.  He's a minor, and so is tax exempt other than FICA med and FICA SS.  
 
Deductions on this was FICA med---1.35 and FICA ss----5.74.
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Re: Research assistance needed.
« Reply #16 on: Jun 23rd, 2007, 2:38pm »
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on Jun 23rd, 2007, 2:29pm, fubar wrote:
Wait a sec... did he work 16.41 hours, and they underpaid him for more than half of those hours?  
 
 Are they saying he is a 'waitperson' during the time he is collecting the dishes to wash?
 
Thats what I appears.
 
 Does he bus the tables as well as wash the dishes?
 
No
 
Wow... that whole thing looks like fraud with a cherry on top.  If they are doing this as a regular thing, many employees could be involved, and the employer could be in a lot of hot water.
 
If he isn't getting any tips at all, where the hell do they even come up with the number?  Pure creativity?  Do you realize your son is responsible to pay taxes on those tips since they are reported as wages?
 
-Fu

 
I have called Austin's dad Tom and he is looking into Austin's pay stubs as well.
 
I would like to take this place down.  A kid's first job and he gets cheated by the place.  Could sure leave a bad taste and lack of trust for any employer ever again.  I plan to seek justice for him somehow, just not sure how.
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Re: Research assistance needed.
« Reply #17 on: Jun 23rd, 2007, 2:41pm »
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on Jun 23rd, 2007, 2:28pm, UN solved wrote:
I'm almost positive that here in Indiana & in Kentucky, any person serving alcohol must be 21 and have a license from the ABC.  
 
UNsolved
 

 
Waitpeople in IN and KY can transport on-premisis at 19. I have the map showing it.  Alaska, Nevada and Utah they have to be 21.
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Re: Research assistance needed.
« Reply #18 on: Jun 23rd, 2007, 2:49pm »
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Ok, Pegg, so:
Sounds like Dyl is getting fucked.  Not only is the employer paying him less than he should, the employer is also saving employer tax money by doing it this way.
 
Is min wage $6.50 where you are?  If so, 1 charge is paying less than min wage, which is bad.
A slightly more complicated charge would be tax evasion.  The employer is fucking the gov't out of FICA tax revenue by creative payroll accounting.
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Re: Research assistance needed.
« Reply #19 on: Jun 23rd, 2007, 3:01pm »
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Uh oh, somebodys got Redds thong in a twist.....let me know if anyone survives hurricaine Pegg......LOL Grin
 
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Re: Research assistance needed.
« Reply #20 on: Jun 23rd, 2007, 3:06pm »
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They have a "Tip pool" , everyone who gets a tip (read waitresses) puts it inside this pool and then it is divided among all the workers, specially those who get paid less than the minimum. Your soon gets  less money this way. The employer pays less because your son's salary is being paid by the customers, it is a nasty business trick. I worked as a Hostess at a restaurant and they worked the salaries that way too. I never got tips however my whole salary was tip base. tell him to move to the grocery store business or as an office boy for a company.
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Re: Research assistance needed.
« Reply #21 on: Jun 23rd, 2007, 3:08pm »
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If Tom finds the same things on Austin's pay stubs, I'll have a partner to take this task on with.
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Re: Research assistance needed.
« Reply #22 on: Jun 23rd, 2007, 3:20pm »
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Hey Girl, it looks to me like you ahve a whole bunch of "partners" Cool
 
 We can bad vibe and write letters enough to make the sucker who messed with Pegg's boy Real sorry!!!
 
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Re: Research assistance needed.
« Reply #23 on: Jun 23rd, 2007, 4:15pm »
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If the employer is misreporting earnings with the intent of reducing his tax burden, you may be able to report him to the IRS in return for a sizable reward.  
 
Is this a chain of eateries?  Has the owner been misreporting for years?  If so, it may be big enough to make it worthwhile.
 
A tax-evasion whistle-blower can, best case, get 30% of the recovered tax and penalties.   The more doco and evidence you have, the larger your payout.    
 
http://www.latimes.com/business/taxes/la-fi-perfin25feb25,1,458907.colum n?coll=la-headlines-business-taxes
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Re: Research assistance needed.
« Reply #24 on: Jun 23rd, 2007, 4:39pm »
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You'd have to check your state, but in Oregon cheating an employee out of earned wages is a stiffer penalty than tax fraud.  
 
The employee walks on water here.
 
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