Legal Question in Employment Law in Virginia

I deliver pizza and make $2 less than minimum wage (during deliveries). The difference in income comes from tips.
However, the restaurant's policy is to claim $2 per hour while making a delivery, even if we do not make any tips.
This means I am being taxed on income that I did not make.
The restaurant has created a system that makes them look good to the IRS, while the delivery drivers are screwed out of $4. ($2 less than min wage + $2 claimed on taxes.)
How can I fight this?
What are my rights?
This is not fair.

Asked on 9/06/10, 7:18 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

What about the times when you make more than $2 per hour in tips

during deliveries and pay no taxes on it (assuming such are not reported neither to your employer nor to the IRS)?

Answered on 9/12/10, 8:53 pm

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