Legal Question in Business Law in New Jersey

Employment contract issue

I worked as a W-2 Hourly employee for a company. The company paid me an amount equal to 90% of hourly rate on the agreement. They deducted the employer's portion of the taxes (in addition to the my employee income taxes such as Federal,social security, medicare etc.) which I though the employer is not supposed to deduct from the employee. My contract does not specify anything about this. I want them to pay me the balance amount. Do I have legal standing in this case, and what options do I have?


Asked on 6/23/06, 12:52 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Employment contract issue

The employer must pay the employer's portion (FICA and any employer's portion of any state taxes), not deduct from employee. and why did they pay only 90% of the agreed wage?

I can not answer your question, really, as to what you are owed and what your rights are. I think you should call New Jersey's Wage and Hour Division, look them up online. They should help you pursue what you are owed.

Good luck to you.

Read more
Answered on 6/23/06, 1:02 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Employment contract issue

BOB IS CORRECT, THAT ONLY YOUR CONTRIBUTIONS TO THE VARIOUS TAXES CAN BE DEDUCTED: FEDERAL AND STATE WITHHOLDING, SOCIAL SECURITY AND MEDICARE CONTRIBUTIONS, AND CONTRIBUTIONS THAT AN EMPLOYEE MUST PAY TO THE STATE UNEMPLOYMENT (LABOR) DEPARTMENT. EMPLOYERS MUST PAY, THEMSELVES, A MATCHING CONTRIBUTION FOR SOCIAL SECURITY AND MEDICARE AND THEIR OWN CONTRIBUTION TO UNEMPLOYMENT. FEDERAL UNEMPLOYMENT IS THE SOLE RESPONSIBILIY OF THE EMPLOYER. IF YOU HAVE ANY QUESTIONS, CONTACT THE STATE LABOR DEPARTMENT AND THEY WILL INVESTIGATE. THIS IS A REPLY TO AN INTERNET QUESTION, AND IS NOT INTENDED TO BE A LEGAL OPINION OR, BY RESPONDING, NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Read more
Answered on 6/23/06, 5:37 pm


Related Questions & Answers

More Business Law questions and answers in New Jersey