So, here's the story. My girlfriend works at a local restaurant and gets paid under the table. Her weekly pay comes out of the cash register, but the cash register doesn't have enough money to pay the whole staff. So she goes for two or three weeks without pay. She is legal, but there are many people in the kitchen who are not and in the same situation. They are in an even worse situation because the employer owes some of them thousands of dollars. She is owed $600 which is a good chunk of money for two college students. The ownership of the restaurant has changed and the new owner is saying that he is not responsible for the back pay and to talk to the previous owner. We live in the State of Florida and are wondering what options we have.
Answered on: 9/25/11, 1:48 pm by Brandon Kolb
Your employer's failure to report your pay violates several Federal and State Laws. He/she can be liable for back pay as well as any deficit between pay that you received and minimimum wage...he/she may also be suseptible to substantial fines for failing to withhold taxes and social security payments as well as failing to pay worker's comp. premiums. The presence of undocumented workers makes the matter even worse for your employers. If the business has changed hands, it is possible that the new owners of inherrited these problems, depending on how the sale of the business was handled.
You should contact an attorney familiar with Wage & Hour Complaints. With so many issues present, and such a small amount owed to you, you may be able to negotiate a settlement without having to actually file suit.
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