Legal Question in Employment Law in California

I work at an independently owned cafe in the Sherman Oaks area. Though I have asked, I have never been required to fill out any IRS forms. I have also asked my employer if he gave his employees 1099's at the end of the fiscal year; to which I received vague answers. As an employee I do not receive any credit card tips. I know that they are deducted from the customer's credit/debit receipts. Is this legal?


Asked on 1/22/11, 6:07 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It sounds as though your employer has failed to list you as an employee with the EDD, which means he is not paying your payroll taxes as required by law. There are probably other violations as well. Be very careful working there. See an employment law attorney if you need advise or assistance.

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Answered on 1/27/11, 7:03 am


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