Legal Question in Employment Law in Florida
My boyfriend started a job this morning and there are somethings that concern me and I would like your advice on whether this is a position to keep and if this is illegal activity. First upon getting this job there was no interview (I do realize that this is not a requirement this is just the first red flag for me). Second upon filling out the application for employment no tax information was exchanged such as W-2 and this morning when he arrived once again no W-2. Third they are working 11-12 hours a day 5 day a week and are not being paid overtime they are giving a flat rate of $325. Fourth dispite working the 11-12 hours outside in the Florida heat they are not getting lunches or breaks. Fifth they told him if he worked Tuesday and Wednesday he would be paid on Wednesday (this is an additional red flag if they are paying this way I would assume this is under the table and in cash) I don't know that for sure pure speculation. All of these issues concern me esspecially the health aspects and IRS aspect I don't want the IRS to come back on us becasue this guy isn't doing what he is supposed to. So what do we do in this situation.
Thank you,
Deidre in Florida
1 Answer from Attorneys
Sounds like the employer could be violating various IRS laws as well as the Fair Labor Standards Act (FLSA) relating to overtime pay. You might want to go and file a report with the U.S. Department of Labor that will investigate. You can also speak with a lawyer that handles FLSA or employment law matters.
Feel free to also check out my employee rights blog at www.takethisjobnshoveitblog.com.
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