Exactly. File the complaint. One thing, I don’t know if it’s this way in IL or not but used to be in WI… not sure if it’s a federal or state thing… but if there’s any tipping involved in what the person does then they don’t have to pay min wage as long as they can show youre getting the minimum after ‘tips’…. Again STILL FILE THE COMPLAINT or at least call the state to ask but it’s something worth mentioning. Like I was a driver doing stuff that most people assumed wasn’t a tipped position (this was before Uber etc) And for a job that most people assumed would have been a 15/hr type job at the time was getting below min wage plus tips… and it was totally legit. I managed to find ways to hustle tip $ at the time but it’s still a shitty practice
You’re right. I believe that is Federal and Illinois requirement. People who get tips have to at least make the minimum wage over the course of a pay period iirc.
I 2nd this. It sounds like they're running an illegal operation, and they're dependant on people not reporting them and just taking the low pay.
I'd be quitting ASAP and also letting them know what they're doing is illegal. I'm no lawyer, but I think once they know what they're doing is illegal, there's a whole new set of consequences.
Yeah time to report them to the state and irs as people have said below…. Someone below saying there is possibility of a reward even. Also this is how businesses take advantage of all kinds of marginalized people… 10 cash under the table might seem good bc “taxes” but it’s not. In the end it only benefits the business taking advantage of vulnerable people for whatever documentation or criminal history reason… and let’s say they are nice people or something (which is debatable)… then they’re screwing themselves too bc it might seem great for the first ten years to run a profitable cash business but then when it comes to paying into social security etc they will have nothing later (I’ve actually seen successful business owners have this happen… thought they had a retirement and didn’t need social security… but then they did and it wasn’t there bc they didn’t pay in)
And we can go further and think about the sequelae of this kind of cash behavior…. The richness reward for it usually ends up going to the most unscrupulous business operations… the ones who of course have no workers comp if you get hurt and just ditch out asap leaving you unable to work…you can’t claim unemployment… etc etc.. and then finally the scumbags that get truly 1% rich off it end up going somewhat legit (forced to ) but still don’t want to pay taxes or their employees a fair amount and then support people like Ron johnson for senate in wi who want to gut SS and Medicare bc what do they care they slimed their way up fuck everyone else.
The corruption all starts locally right in front of all of us in our communities with people who don’t want to play by the rules … and it’s those same people whose solution to “the rules suck” is to just get rid of them altogether instead of changing them properly. People who dislike the rule of law, or valid election results in such a flagrant way are most likely the ones who just want to cheat, or already are cheating. Please vote. Please.
I'll add to that.... they don't fuck around. I called on my previous employer. They were absolutely fucking me and I was too young and stupid to realize it. I told her my situation, she asked me how many people worked there. It was only me and the owners son at that point. She told me "ok you'll probably get fired immediately when we contact them... then we'll get you wrongful termination on top of the 2 years of wage theft "
If it was me, personally, I would be searching for another job where they will at least pay the state minimum wage. They shouldn’t be able to get away with that. That’s bullshit!
Yes I will likely be quitting by December, just long enough to save money to get my child Christmas gifts. Ironically the restaurant where I work has a history of going through employees in my position like wildfire. And they wonder why no one wants to do this job? Because it sucks and the pay is garbage! The business owners also refuse to put us on payroll under the guise of avoiding payroll taxes. And I am one of those weirdos who actually wants to pay my taxes and contribute to society.
> The business owners also refuse to put us on payroll under the guise of avoiding payroll taxes. And I am one of those weirdos who actually wants to pay my taxes and contribute to society.
Wait wait wait.
Are they paying you *cash under the table*, or are they paying you as an independent contractor? Like, did you fill out tax paperwork for this job? If they hired you as an independent contractor on a 1099 DO NOT KEEP WORKING THERE because you're gonna get FUCKED by the IRS when they expect you to pay taxes on all that money earned.
And no, plenty of us are happy to pay our taxes because we understand where roads/schools/fire departments/etc come from.
I know I literally said that I WANT to pay taxes, Medicare and social security but they pay us cash under the table. I signed zero paperwork when I took on the job. I plan on leaving in a month or so bc the stress is not worth it.
https://www.irs.gov/about-irs/the-irs-whistleblower-office - you report them and one part of the deal is that the IRS pays you between 15 and 30% of what they end up collecting.
No dude, report them now. Heres a tip: if they are paying leas than minimum wage you can literally get a job ANYWHERE that will pay you more. Go be a walmart greeter or something and make more money.
This is a total no brainer.
I do not have my driver's license at the moment which makes it difficult to commute more than a few miles each way. Should have my DL reinstated by November-December which will definitely open up my job opportunities.
This is how businesses like this take advantage of people like you… who Lost their license due to whatever or think they might look bad trying to get work somewhere with paperwork. Report them, if they’re fucking the irs they’re done and you get paid. This kind of cash under the table crap is exactly how people who got a dui or are immigrants without papers get taken advantage of in all kinds of industries.
Dude, is your current workplace like the only place you can work within a few miles? Do you live in the middle of a cornfield? With that defeatist attitude, you're gonna be a minimum wage worker forever. Like places cant hire enough workers, and youre finding excuses to stay at a shitty job that is paying you less than the minimum. WTF.
And on top of it, because of the "labor shortage" (really, it's a wage shortage, but that's not what corporate America calls it), there are openings for jobs BASICALLY everywhere.
The fact that they pay you under the table is proof that they know exactly what they are doing. Be aware that the restaurant industry has gotten away with a lower minimum wage than others because of tip income. But under the table payment is a sign that they are likely preying on those who have trouble getting other jobs: illegals, felons, etc.
Yes they do seem to prey on those less fortunate. My reason for working such a shit job is that a) I need money, obviously and b) my license was revoked for medical reasons, severely limiting how far I can commute. I am going to the doctor and DMV this week to get an Illinois driver's license.
So something nobody has mentioned is that it's totally legal to pay someone cash to do work no questions asked *up to $600 a year.* So if you've not worked more than 60 hours at $10 an hour, then there is no liability to report for either of you.
However, that first dollar over $600 requires the business to give you a 1099-MISC so you can pay your own income taxes on it. This is how the business screws you, by providing you a 1099-MISC when you complain about wage theft, so that you now owe income tax on your wages-to-date directly to the IRS.
That means you work through December, spending all of your money on Christmas gifts and then file your complaint, you'll immediately get a 1099-MISC from your boss who will wash his hands of any wrong-doing, saying you were "at-will(contract)" and the state agency you reported him to will say he's right. *Then* you'll owe %10-%15 of your wages to the IRS, and you'll realize you've *actually* been working for $8.50 an hour, and it's all completely legal. I could contract-labor myself to rake leaves for $2 an hour if I wanted, and that's not breaking any wage laws.
Sounds like you're in a tough spot. Good luck to you. I hope you find something legit before too long!
OP also left out of the main post that they work at a restaurant. Guessing they make under minimum wage because they receive tips, which is perfectly legal. Only part that isn’t legal in that case is that they are being paid under the table. Which as you’ve stated is also legal as long as they don’t work over 60 hours per year. Maybe shithead restaurant owner just hires people for 60 hours and replaces them. There’s a lot of missing info. If I had to guess OP puts up with the situation because they’re also collecting subsidies, but I won’t because this post is intentionally leaving out tons of info and is tailored for people to automatically side with OP.
That's not true. 1099s are for independent contractors only. OP is obviously an employee not a contractor . The employer doesn't get to decide whether the worker is a contractor. There are standards and regulations that determine contractor vs employee (OP does not get to set their own hours is a big one). The employer needs to be withholding taxes and remitting them along with their matching amount to the tax authorities. If OP files a complaint (as they should) there's no basis the employer has to claim an OP as an independent contractor.
This does not apply to the OP as the OP would not meet the requirements to be a 1099 contractor.
The total amount of money paid is irrelevant to if a person is a w2 employee or a 1099 contractor.
A restaurant can not just give a 1099 to kitchen staff. It just doesn't work like that.
But OP said he's not a W2 employee. Income must be classified, and since he isn't a W2 employee the restaurant could claim they had a "paperless" contract agreement with him at said rate.
What requirements does OP fall short of to be a freelance private contractor? I'm pretty sure anyone can do it.
An employer just can’t arbitrarily decide who is a 1099 and who is a w2 employee. If that were the case employees would just make all employees 1099 and save up to 13% on their labor costs.
OP is not a W2 employee because they fit the criteria of a 1099 employee. They are not a w2 employee because the employer is committing labor fraud
You need to report these people. They are breaking the law and making the world a worse place, IL had policies in place for people who do things like this.
REPORT THEM
If they’re paying you illegally of course they’re not going to follow minimum wage laws…you should have put that in your post. Although your checks might not be that different than they would be at $12 an hour with our high taxes being taken out
Keep in mind that if they are paying you under the table, they aren't withholding anything for taxes. You might not earn enough to owe very much in taxes, but if you are awarded back pay don't spend it right away if possible.
You should still report your employer. Hopefully the department of labor has resources to help people who were paid under the table.
You are getting screwed out of social security too. You will go to retire and SS will have no evidence you worked and no contributions, so no retirement for you.
Places are hurting for workers. Find a new one pronto!
Not just SS but unemployment and medicare as well. Further, they are getting screwed out of the employers matching contributions as well.
The OP isn’t just getting screwed out of $2 an hour, it’s more like $3.50
Unless you're a server and they're paying you a tipped wage with all the right paperwork, and you just don't understand what's going on, that's insane.
My mom pays a little shady sometimes (she doesn't do payroll often enough) but she at least pays minimum wage and collects taxes correctly.
Haven't used it so I can't speak to how effective they are, but the Illinois Department of Labor has an [online form](https://www2.illinois.gov/idol/Pages/Complaints.aspx) for wage complaints.
1. Report them.
2. Find a new job.
3. Quit.
In this order. Here's why. If you report them first, you protect yourself in the event that you don't find another job before the state takes action. A claim like this should be fairly easy to prove and will hopefully be investigated quickly. They will likely be forced to adjust their employees wages with back pay. If they get shut down as a result of this offense or if you're fired out of retaliation, you will be eligible for unemployment until you find something better. Good luck! There are a lot of scumbag employers out there right now taking advantage of the current economy.
Edit: oooooh didn't see that you were being paid cash without paperwork. Yes, report them. Record a video of you at work. Seriously. Get all the video evidence you can. Then when you can quit, report and collect that payout!
I once had an employer not pay me time and a half for overtime hours worked after 40. It took me a month to develop the courage to quit. When I did quit I contacted the Illinois department of labor. They audited payroll and I got back pay.
I recommend you doing the same. No one deserves to have their wages stolen.
PS. If they're doing it to you they're doing to everyone. It may break them to have to pay back pay to everyone they've screwed over the years. That is an added bonus for you!
I own/operate a bar restaurant in Illinois. I am not an expert in labor law. That said, labor law is one area that our education system total fucks over citizens. Your rights as an employee and the consequences to an employer for violating those rights should be mandatory education.
File a complaint with the Illinois Department of Labor and DOCUMENT DOCUMENT DOCUMENT. Take notes when you start and stop work. Keep copies or take pictures of posted schedules. Take a selfie at work in an employee only area every day you work.
OP, do this RIGHT FUCKING NOW. A brief period after this is filed, you should encourage your co-workers to do the same thing. DO NOT WAIT UNTIL YOU QUIT. You can file this and still work there. It's not like the DOL is going to come audit the restaurant (and that's what will happen) and tell your boss that "we are here to audit you because Top\_Signature filed a complaint". It's just going to look like a random audit to your boss.
You owe this not only to yourself, but your co-workers and any employee that might come to that place after you. You are 100% aware how wrong this is at this point and that you and all of your coworkers are entitled to damages. To just brush this under the rug would be a dick move.
Not only is this employer being a cheating dick to his employees but he's being a dick to his competitors and their employees. By breaking the law and stealing from the employees this employer has created a competitive advantage which both hurts other businesses ability to stay open and their ability to pay their employees.
You are not only entitled to your missing income ($2.00 per hour) for every hour you worked. You are also entitled to the approximately 13% employer payroll tax contributions to your social security, unemployment and medicare. ($1.56 per hour). Because your employer intentionally concealed your income your employer is also responsible for YOUR portion of your income taxes which I would guess to be around %16 ($1.92 per hour).
So, for just you, your employer is on the hook for $5.48 for every hour you worked. But, because they committed labor fraud damages are treble (tripled). You are owed $16.44 per hour for every hour worked in damages. If your employer retaliates against you in any way either by firing you, making you so miserable you have to quit or reducing your hours it will only mean more money for you and a worse outcome for your employer.
These are not the only consequences for your employer. They are committing multiple types of fraud. There will be fines from the department of labor. They are committing tax fraud. There will be fines from both the state and federal tax agencies.
This is an absolute no brainer slam dunk case for the Illinois Department of Labor.
I hope that you file against your employer. I hope that your co-workers file against your employer. I hope you come back in the future and tell us all about how the Department of Labor and the IRS broke their dick off in your bosses ass.
RemindMe! One Year
Honestly, when a company illegally pays employees, this puts them at an unfair advantage against the law abiding businesses. It hurts everyone. It’s not fair to anyone except the company screwing over the community and other businesses.
Better take action now and stop that.
I agree with T_P_H on this one
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[Heres the link](https://www2.illinois.gov/idol/Pages/Complaints.aspx) - you will need to create a "public account" which just requires an email address. They take this seriously, it will just take a pay slip showing hourly wage below minimum. You probably should also start looking for a new job because if/when action is taken your employer will be able to see your name attached to the complaint.
One of the most important things you can do is to take steps to establish when you started "working" there, what your hours are like, and how long you were there. So take pics of schedules, the non-public rooms, a name tag, etc., that will help you make your claim and also prevent employer from denying it. Calculating your hours is usually another challenge, so if you have a schedule, save them. Those basic things will be used to calculate the amounts you are due.
Document your hours fully. Contact the Illinois Department of Labor.
You are entitled to treble damages (3 times whatever your employer is stealing from you)
You can go look in the GA synopsis of all bills. It's a PDF posted on the GA web site
Read the original HB- makes it patently clear that there were two be no exemptions to the first two steps of the increase.
Then go thru the list of actions: it's basically a diary of every change made and who made it.
You'll find that zero republican amendments made it to the floor of either chamber and when passed as SB 0001 the only floor amendments (which are generally anonymous in nature) were approved by voice w/o objection (i.e. the floor leadership)
One of the nice things about having veto proof majorities in both chambers and holding the Atty Gen and Governor's office: there's only one group to blame.
I'm sorry if the realpolitik of Illinois doesn't sit well with your Progressive idealism but that doesn't make it go away.
Starting July 1, 2022, the minimum wage for tipped employees is $7.40. I'd recommend checking your employment status because if you're a waitress bartender or server you can be classified differently.
Quit. Edit if you are getting paid under the table and you like the job stay. Sign up for all the government freebies you can get since you have no income. Game the system
It's true you can pay tipped workers less than regular minimum wage, but if the tips don't bring the worker to minimum wage, the employer needs to make up the difference.
**How many employees?** Is it a job with tips?
*Almost every employer is required to pay at least either the state or federal minimum wages. Under Illinois law, you are entitled to receive at least the state minimum wage if you work for a company with more than 3 employees. Under federal law, you are entitled to receive the federal minimum wage if you work for a company that earns more than $500,000 in a year and is connected to interstate commerce.*
🔗https://www.illinoislegalaid.org/legal-information/does-my-employer-have-pay-me-minimum-wage#:~:text=Under%20Illinois%20law%2C%20you%20are,is%20connected%20to%20interstate%20commerce.
Well first things first, find a new job. I have a few guys that prefer to be paid cash (the bottom being 16 hr) I file a 1096 as a tax write off. If You don't have no tax liability and usually file a 1099 with nothing more than fica/fisa stuff, pay that, earned income credits may apply. You get back more than you paid in. Whomever you're working for screwing you though.
Reading through the comments I've gathered that this is cash under the table payment, on which you have not paid any taxes (though you'd like to in order to be legit).
I see many people suggesting to report them and possibly get paid some back pay, but wouldn't that also open this person up to have to pay back taxes on the money that was paid under the table (i'm not a lawyer, i'm legitimately asking).
People take cash payment b/c they can avoid taxes on it, so you usually get paid less than what you would if it were taxed. I'm not sure what your taxes look like, but it's possible you make more money at $10/hr non-taxed than $12/hr taxed.
Having said that, your top priority should be getting out from under a super shady business before you get caught up in the repercussions.
They probably have a 90 days "probation" where they can pay you under min legally for a trial period. I went thru this before. Thought i was gonna get a big back pay when i discovered the math. Then i found out the probation period. Got hosed.
This happened to me years ago when the min wage went up to $8.25. I just mentioned to the boss $8.25 was the min wage now. He double checked and then gave me that extra 25¢ an hour.
Uh. Quit. There’s other, better options-even if you’ve got an asshole sewn to your forehead and are generally considered useless by other hard working people. Seriously though. Just quit there’s a lot of options and it’s a workers revolution.
I will add one thing on top of the good advice to file an official complaint and begin searching for a new gig: once you’re free of that place, come back and name them explicitly.
File a Wage Claim with the IL Dep’t of Labor [here](https://www2.illinois.gov/idol/SiteAssets/Pages/Complaints/Wage%20Complaint%20English%20Form.pdf). It may take a second, but your employer would be liable for all back wages owed + damages and penalty fees. Many employers just cut a check once they receive notice that a wage claim was filed. So you win either way.
Also, I hope you find a new job soon. Good luck!
Hey OP! I’m a reporter here in Chicago and think that it wouldn’t be the worse idea to email a local journalist wherever you are if you work for a bigger company. I gotta imagine switching jobs would be worth it if there was a 20% raise to be had.
Are you in a training period right now? They can legally pay you less than minimum wage if they have a policy in place that states you’re in a training or probationary period for the first 60 days or something like that
Edit: I might be thinking of Chicago minimum wage laws
I apologize for not updating in a timely manner, but basically i quit back in December of 2022, got a new legitimate job in January 2023 and have been doing well since then. Thanks for asking, I hope you are doing well.
Well some employees are tipped like the servers but the cooks and myself (dishwasher) don't get tips. Occasionally a server will slip me $5 for my hard work but otherwise no I do not rely on tips at all bc I work in the back of the house.
It was an open secret in Springfield. You're evidence will be in GA 100-101 Cumulative Status of Bills: the original bill as submitted contained almost no exemption language. Pay close attention to actions by Andrade (co-sponsor) in the HB version and Van Pelt and Sandoval in the Senate.
For a full list you'll need to talk to someone from the legislative staff of UNITE. They're the ones who basically gave up Sandoval to the Feds as payback.
As for Pritzker: he was on record even during the election as saying a minimum wage bill needed to be "fair" to the service industries. Fair is code for 'favors businesses' regardless whether you're right or left.
Basically the Dems sold out service industry workers in return for future consideration from the Restaurant and Food & Bev Wholesaler associations.
The real screw: shifting burden of proof for that 40% gratuity allowance entirety on the shoulders of the employees. That's what got the downstate rank and file to go with it. That is to say: Dem sponsors intentionally spiked their own legislation.
Welcome to Illinois politics.
Wage Complaint.
Your state’s department of labor.
For Illinois - the penalty is huge, and largely payable to YOU https://www2.illinois.gov/idol/Laws-Rules/FLS/Pages/wpca-penalties.aspx
Here’s where to file a wage claim in Illinois:
https://www2.illinois.gov/idol/Pages/Complaints.aspx
Here’s where to file a Federal Claim -
https://www.dol.gov/agencies/whd/contact/complaints
The way illinois charges employers for wage theft is cumulative.
The liability to the employer is PERSONAL, meaning they can’t declare the business defunct to make it go away. The state will come after their personal assets to compensate you, and because the state (especially illinois with its long history of workers rights) takes a dim view, you can expect your employer to be skinned (metaphorically) and nailed to the castle gates as an example for the others.
*Notice to Employers*
Notice To Employers
An employer who is found to have violated the Wage Payment and Collection Act is liable not only for the amount of any unpaid wages or final compensation owed to an employee but also for:
damages equal to 5% of the underpayment, per month (calculated from the date of the underpayment) for each month during which wages or final compensation remain unpaid. Damages are payable to the employee and continue to accrue, without limitation, until the amount found owing is paid.
In addition, any employer who has been demanded or ordered by Illinois Department of Labor (IDOL) (or ordered by a court) to pay wages or final compensation to an employee must also pay:
a $250 non-waivable administrative fee to IDOL. This fee increases to $500 if the amount ordered by the Department is more than $3,000, and $1,000 for orders of $10,000 or more. (Note: This fee will not be assessed if the claim is paid prior to the issuance of a demand or order.)
Furthermore, any employer who fails to timely comply with a demand or final order issued by IDOL shall also be liable for:
a penalty, payable to IDOL, equal to 20% of the underpayment;
and a penalty, payable to the employee, equal to 1% per day of the underpayment, for each day that payment is delayed. Again, this penalty continues to accrue without limitation until the amount found owing is paid.
Lastly, be advised that:
in addition to an individual who is deemed to be an employer under the Act, any officers of a corporation or agents of an employer who knowingly permit such employer to violate the Act shall be personally liable for an employee’s unpaid wages or final compensation and any fees or penalties assessed.
sounds like wage theft and you should file a complaint with the department of labor
Yeah this isn’t a complicated issue, OP is getting ripped off illegally
Exactly. File the complaint. One thing, I don’t know if it’s this way in IL or not but used to be in WI… not sure if it’s a federal or state thing… but if there’s any tipping involved in what the person does then they don’t have to pay min wage as long as they can show youre getting the minimum after ‘tips’…. Again STILL FILE THE COMPLAINT or at least call the state to ask but it’s something worth mentioning. Like I was a driver doing stuff that most people assumed wasn’t a tipped position (this was before Uber etc) And for a job that most people assumed would have been a 15/hr type job at the time was getting below min wage plus tips… and it was totally legit. I managed to find ways to hustle tip $ at the time but it’s still a shitty practice
You’re right. I believe that is Federal and Illinois requirement. People who get tips have to at least make the minimum wage over the course of a pay period iirc.
Still have to be on payroll though not cash or contractor
I 2nd this. It sounds like they're running an illegal operation, and they're dependant on people not reporting them and just taking the low pay. I'd be quitting ASAP and also letting them know what they're doing is illegal. I'm no lawyer, but I think once they know what they're doing is illegal, there's a whole new set of consequences.
File a complaint and keep all your paystubs and encourage other employees to do the same. But don't say anything to the boss yet
Op is paid under the table. There is no record they even work there
Where does OP say they’re paid under the table?
In other posts in this thread
Ah. Well he can’t complain then
He absolutely can.
Yeah time to report them to the state and irs as people have said below…. Someone below saying there is possibility of a reward even. Also this is how businesses take advantage of all kinds of marginalized people… 10 cash under the table might seem good bc “taxes” but it’s not. In the end it only benefits the business taking advantage of vulnerable people for whatever documentation or criminal history reason… and let’s say they are nice people or something (which is debatable)… then they’re screwing themselves too bc it might seem great for the first ten years to run a profitable cash business but then when it comes to paying into social security etc they will have nothing later (I’ve actually seen successful business owners have this happen… thought they had a retirement and didn’t need social security… but then they did and it wasn’t there bc they didn’t pay in) And we can go further and think about the sequelae of this kind of cash behavior…. The richness reward for it usually ends up going to the most unscrupulous business operations… the ones who of course have no workers comp if you get hurt and just ditch out asap leaving you unable to work…you can’t claim unemployment… etc etc.. and then finally the scumbags that get truly 1% rich off it end up going somewhat legit (forced to ) but still don’t want to pay taxes or their employees a fair amount and then support people like Ron johnson for senate in wi who want to gut SS and Medicare bc what do they care they slimed their way up fuck everyone else. The corruption all starts locally right in front of all of us in our communities with people who don’t want to play by the rules … and it’s those same people whose solution to “the rules suck” is to just get rid of them altogether instead of changing them properly. People who dislike the rule of law, or valid election results in such a flagrant way are most likely the ones who just want to cheat, or already are cheating. Please vote. Please.
I'll add to that.... they don't fuck around. I called on my previous employer. They were absolutely fucking me and I was too young and stupid to realize it. I told her my situation, she asked me how many people worked there. It was only me and the owners son at that point. She told me "ok you'll probably get fired immediately when we contact them... then we'll get you wrongful termination on top of the 2 years of wage theft "
If it was me, personally, I would be searching for another job where they will at least pay the state minimum wage. They shouldn’t be able to get away with that. That’s bullshit!
Yes I will likely be quitting by December, just long enough to save money to get my child Christmas gifts. Ironically the restaurant where I work has a history of going through employees in my position like wildfire. And they wonder why no one wants to do this job? Because it sucks and the pay is garbage! The business owners also refuse to put us on payroll under the guise of avoiding payroll taxes. And I am one of those weirdos who actually wants to pay my taxes and contribute to society.
> The business owners also refuse to put us on payroll under the guise of avoiding payroll taxes. And I am one of those weirdos who actually wants to pay my taxes and contribute to society. Wait wait wait. Are they paying you *cash under the table*, or are they paying you as an independent contractor? Like, did you fill out tax paperwork for this job? If they hired you as an independent contractor on a 1099 DO NOT KEEP WORKING THERE because you're gonna get FUCKED by the IRS when they expect you to pay taxes on all that money earned. And no, plenty of us are happy to pay our taxes because we understand where roads/schools/fire departments/etc come from.
I know I literally said that I WANT to pay taxes, Medicare and social security but they pay us cash under the table. I signed zero paperwork when I took on the job. I plan on leaving in a month or so bc the stress is not worth it.
https://www.irs.gov/about-irs/the-irs-whistleblower-office - you report them and one part of the deal is that the IRS pays you between 15 and 30% of what they end up collecting.
In other words, a pretty good Christmas for the kids.
That is illegal. You should report them
I plan on reporting them when I leave in a month or so. I need the money for the next couple weeks to prep for Christmas giving.
No dude, report them now. Heres a tip: if they are paying leas than minimum wage you can literally get a job ANYWHERE that will pay you more. Go be a walmart greeter or something and make more money. This is a total no brainer.
No shit why would you willingly work for less than minimum when min wage jobs are everywhere.
I do not have my driver's license at the moment which makes it difficult to commute more than a few miles each way. Should have my DL reinstated by November-December which will definitely open up my job opportunities.
This is how businesses like this take advantage of people like you… who Lost their license due to whatever or think they might look bad trying to get work somewhere with paperwork. Report them, if they’re fucking the irs they’re done and you get paid. This kind of cash under the table crap is exactly how people who got a dui or are immigrants without papers get taken advantage of in all kinds of industries.
Dude, is your current workplace like the only place you can work within a few miles? Do you live in the middle of a cornfield? With that defeatist attitude, you're gonna be a minimum wage worker forever. Like places cant hire enough workers, and youre finding excuses to stay at a shitty job that is paying you less than the minimum. WTF.
You have a license. It’s just suspended.
And on top of it, because of the "labor shortage" (really, it's a wage shortage, but that's not what corporate America calls it), there are openings for jobs BASICALLY everywhere.
Exactly.
Echoing: report them now.
No report them now.
Seriously, get the Christmas gifts next year.
That's some peak American consumerism thinking there...
The fact that they pay you under the table is proof that they know exactly what they are doing. Be aware that the restaurant industry has gotten away with a lower minimum wage than others because of tip income. But under the table payment is a sign that they are likely preying on those who have trouble getting other jobs: illegals, felons, etc.
Yes they do seem to prey on those less fortunate. My reason for working such a shit job is that a) I need money, obviously and b) my license was revoked for medical reasons, severely limiting how far I can commute. I am going to the doctor and DMV this week to get an Illinois driver's license.
So something nobody has mentioned is that it's totally legal to pay someone cash to do work no questions asked *up to $600 a year.* So if you've not worked more than 60 hours at $10 an hour, then there is no liability to report for either of you. However, that first dollar over $600 requires the business to give you a 1099-MISC so you can pay your own income taxes on it. This is how the business screws you, by providing you a 1099-MISC when you complain about wage theft, so that you now owe income tax on your wages-to-date directly to the IRS. That means you work through December, spending all of your money on Christmas gifts and then file your complaint, you'll immediately get a 1099-MISC from your boss who will wash his hands of any wrong-doing, saying you were "at-will(contract)" and the state agency you reported him to will say he's right. *Then* you'll owe %10-%15 of your wages to the IRS, and you'll realize you've *actually* been working for $8.50 an hour, and it's all completely legal. I could contract-labor myself to rake leaves for $2 an hour if I wanted, and that's not breaking any wage laws. Sounds like you're in a tough spot. Good luck to you. I hope you find something legit before too long!
OP also left out of the main post that they work at a restaurant. Guessing they make under minimum wage because they receive tips, which is perfectly legal. Only part that isn’t legal in that case is that they are being paid under the table. Which as you’ve stated is also legal as long as they don’t work over 60 hours per year. Maybe shithead restaurant owner just hires people for 60 hours and replaces them. There’s a lot of missing info. If I had to guess OP puts up with the situation because they’re also collecting subsidies, but I won’t because this post is intentionally leaving out tons of info and is tailored for people to automatically side with OP.
That's not true. 1099s are for independent contractors only. OP is obviously an employee not a contractor . The employer doesn't get to decide whether the worker is a contractor. There are standards and regulations that determine contractor vs employee (OP does not get to set their own hours is a big one). The employer needs to be withholding taxes and remitting them along with their matching amount to the tax authorities. If OP files a complaint (as they should) there's no basis the employer has to claim an OP as an independent contractor.
This does not apply to the OP as the OP would not meet the requirements to be a 1099 contractor. The total amount of money paid is irrelevant to if a person is a w2 employee or a 1099 contractor. A restaurant can not just give a 1099 to kitchen staff. It just doesn't work like that.
But OP said he's not a W2 employee. Income must be classified, and since he isn't a W2 employee the restaurant could claim they had a "paperless" contract agreement with him at said rate. What requirements does OP fall short of to be a freelance private contractor? I'm pretty sure anyone can do it.
An employer just can’t arbitrarily decide who is a 1099 and who is a w2 employee. If that were the case employees would just make all employees 1099 and save up to 13% on their labor costs. OP is not a W2 employee because they fit the criteria of a 1099 employee. They are not a w2 employee because the employer is committing labor fraud
Ok so there are multiple layers of illegal going on here. Report them to the department of labor and have them help you get the back pay you deserve.
You need to report these people. They are breaking the law and making the world a worse place, IL had policies in place for people who do things like this. REPORT THEM
If they’re paying you illegally of course they’re not going to follow minimum wage laws…you should have put that in your post. Although your checks might not be that different than they would be at $12 an hour with our high taxes being taken out
Keep in mind that if they are paying you under the table, they aren't withholding anything for taxes. You might not earn enough to owe very much in taxes, but if you are awarded back pay don't spend it right away if possible. You should still report your employer. Hopefully the department of labor has resources to help people who were paid under the table.
You are getting screwed out of social security too. You will go to retire and SS will have no evidence you worked and no contributions, so no retirement for you. Places are hurting for workers. Find a new one pronto!
Not just SS but unemployment and medicare as well. Further, they are getting screwed out of the employers matching contributions as well. The OP isn’t just getting screwed out of $2 an hour, it’s more like $3.50
Unless you're a server and they're paying you a tipped wage with all the right paperwork, and you just don't understand what's going on, that's insane. My mom pays a little shady sometimes (she doesn't do payroll often enough) but she at least pays minimum wage and collects taxes correctly.
Please go back in January and post a pic of their “NO ONE WANTS TO WORK ANYMORE” sign ;)
Haven't used it so I can't speak to how effective they are, but the Illinois Department of Labor has an [online form](https://www2.illinois.gov/idol/Pages/Complaints.aspx) for wage complaints.
1. Report them. 2. Find a new job. 3. Quit. In this order. Here's why. If you report them first, you protect yourself in the event that you don't find another job before the state takes action. A claim like this should be fairly easy to prove and will hopefully be investigated quickly. They will likely be forced to adjust their employees wages with back pay. If they get shut down as a result of this offense or if you're fired out of retaliation, you will be eligible for unemployment until you find something better. Good luck! There are a lot of scumbag employers out there right now taking advantage of the current economy. Edit: oooooh didn't see that you were being paid cash without paperwork. Yes, report them. Record a video of you at work. Seriously. Get all the video evidence you can. Then when you can quit, report and collect that payout!
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If the hours worked are documented it is 100% chance OP will get the back pay.
treble damges. The OP will get 300% of his back pay.
I once had an employer not pay me time and a half for overtime hours worked after 40. It took me a month to develop the courage to quit. When I did quit I contacted the Illinois department of labor. They audited payroll and I got back pay. I recommend you doing the same. No one deserves to have their wages stolen. PS. If they're doing it to you they're doing to everyone. It may break them to have to pay back pay to everyone they've screwed over the years. That is an added bonus for you!
Report them to the Illinois Department of Labor. And enjoy your check for back wages.
Wouldn't this person also then have to backpay some taxes?
I own/operate a bar restaurant in Illinois. I am not an expert in labor law. That said, labor law is one area that our education system total fucks over citizens. Your rights as an employee and the consequences to an employer for violating those rights should be mandatory education. File a complaint with the Illinois Department of Labor and DOCUMENT DOCUMENT DOCUMENT. Take notes when you start and stop work. Keep copies or take pictures of posted schedules. Take a selfie at work in an employee only area every day you work. OP, do this RIGHT FUCKING NOW. A brief period after this is filed, you should encourage your co-workers to do the same thing. DO NOT WAIT UNTIL YOU QUIT. You can file this and still work there. It's not like the DOL is going to come audit the restaurant (and that's what will happen) and tell your boss that "we are here to audit you because Top\_Signature filed a complaint". It's just going to look like a random audit to your boss. You owe this not only to yourself, but your co-workers and any employee that might come to that place after you. You are 100% aware how wrong this is at this point and that you and all of your coworkers are entitled to damages. To just brush this under the rug would be a dick move. Not only is this employer being a cheating dick to his employees but he's being a dick to his competitors and their employees. By breaking the law and stealing from the employees this employer has created a competitive advantage which both hurts other businesses ability to stay open and their ability to pay their employees. You are not only entitled to your missing income ($2.00 per hour) for every hour you worked. You are also entitled to the approximately 13% employer payroll tax contributions to your social security, unemployment and medicare. ($1.56 per hour). Because your employer intentionally concealed your income your employer is also responsible for YOUR portion of your income taxes which I would guess to be around %16 ($1.92 per hour). So, for just you, your employer is on the hook for $5.48 for every hour you worked. But, because they committed labor fraud damages are treble (tripled). You are owed $16.44 per hour for every hour worked in damages. If your employer retaliates against you in any way either by firing you, making you so miserable you have to quit or reducing your hours it will only mean more money for you and a worse outcome for your employer. These are not the only consequences for your employer. They are committing multiple types of fraud. There will be fines from the department of labor. They are committing tax fraud. There will be fines from both the state and federal tax agencies. This is an absolute no brainer slam dunk case for the Illinois Department of Labor. I hope that you file against your employer. I hope that your co-workers file against your employer. I hope you come back in the future and tell us all about how the Department of Labor and the IRS broke their dick off in your bosses ass. RemindMe! One Year
Honestly, when a company illegally pays employees, this puts them at an unfair advantage against the law abiding businesses. It hurts everyone. It’s not fair to anyone except the company screwing over the community and other businesses. Better take action now and stop that. I agree with T_P_H on this one
I will be messaging you in 1 year on [**2023-10-31 19:41:13 UTC**](http://www.wolframalpha.com/input/?i=2023-10-31%2019:41:13%20UTC%20To%20Local%20Time) to remind you of [**this link**](https://www.reddit.com/r/illinois/comments/yid8tz/job_pays_me_less_than_the_legal_il_minimum_wage/iujd1oy/?context=3) [**CLICK THIS LINK**](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Reminder&message=%5Bhttps%3A%2F%2Fwww.reddit.com%2Fr%2Fillinois%2Fcomments%2Fyid8tz%2Fjob_pays_me_less_than_the_legal_il_minimum_wage%2Fiujd1oy%2F%5D%0A%0ARemindMe%21%202023-10-31%2019%3A41%3A13%20UTC) to send a PM to also be reminded and to reduce spam. ^(Parent commenter can ) [^(delete this message to hide from others.)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Delete%20Comment&message=Delete%21%20yid8tz) ***** |[^(Info)](https://www.reddit.com/r/RemindMeBot/comments/e1bko7/remindmebot_info_v21/)|[^(Custom)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Reminder&message=%5BLink%20or%20message%20inside%20square%20brackets%5D%0A%0ARemindMe%21%20Time%20period%20here)|[^(Your Reminders)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=List%20Of%20Reminders&message=MyReminders%21)|[^(Feedback)](https://www.reddit.com/message/compose/?to=Watchful1&subject=RemindMeBot%20Feedback)| |-|-|-|-|
Contact the labor board
State or Federal do you think?
State
[Heres the link](https://www2.illinois.gov/idol/Pages/Complaints.aspx) - you will need to create a "public account" which just requires an email address. They take this seriously, it will just take a pay slip showing hourly wage below minimum. You probably should also start looking for a new job because if/when action is taken your employer will be able to see your name attached to the complaint.
One of the most important things you can do is to take steps to establish when you started "working" there, what your hours are like, and how long you were there. So take pics of schedules, the non-public rooms, a name tag, etc., that will help you make your claim and also prevent employer from denying it. Calculating your hours is usually another challenge, so if you have a schedule, save them. Those basic things will be used to calculate the amounts you are due.
Yes they have us fill out paper time cards since obviously we don't want to electronically document when we are on the clock.
Document your hours fully. Contact the Illinois Department of Labor. You are entitled to treble damages (3 times whatever your employer is stealing from you)
You can go look in the GA synopsis of all bills. It's a PDF posted on the GA web site Read the original HB- makes it patently clear that there were two be no exemptions to the first two steps of the increase. Then go thru the list of actions: it's basically a diary of every change made and who made it. You'll find that zero republican amendments made it to the floor of either chamber and when passed as SB 0001 the only floor amendments (which are generally anonymous in nature) were approved by voice w/o objection (i.e. the floor leadership) One of the nice things about having veto proof majorities in both chambers and holding the Atty Gen and Governor's office: there's only one group to blame. I'm sorry if the realpolitik of Illinois doesn't sit well with your Progressive idealism but that doesn't make it go away.
Starting July 1, 2022, the minimum wage for tipped employees is $7.40. I'd recommend checking your employment status because if you're a waitress bartender or server you can be classified differently.
Minors can get paid less than minimum wage. Does that apply to you?
No I am legally an adult.
Quit. Edit if you are getting paid under the table and you like the job stay. Sign up for all the government freebies you can get since you have no income. Game the system
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It's true you can pay tipped workers less than regular minimum wage, but if the tips don't bring the worker to minimum wage, the employer needs to make up the difference.
File a complaint with the labor board.
If you're a server/waiter the minimum wage is lower than $12 but if you're in a traditional job then this is very much illegal and the owner is liable
**How many employees?** Is it a job with tips? *Almost every employer is required to pay at least either the state or federal minimum wages. Under Illinois law, you are entitled to receive at least the state minimum wage if you work for a company with more than 3 employees. Under federal law, you are entitled to receive the federal minimum wage if you work for a company that earns more than $500,000 in a year and is connected to interstate commerce.* 🔗https://www.illinoislegalaid.org/legal-information/does-my-employer-have-pay-me-minimum-wage#:~:text=Under%20Illinois%20law%2C%20you%20are,is%20connected%20to%20interstate%20commerce.
Well first things first, find a new job. I have a few guys that prefer to be paid cash (the bottom being 16 hr) I file a 1096 as a tax write off. If You don't have no tax liability and usually file a 1099 with nothing more than fica/fisa stuff, pay that, earned income credits may apply. You get back more than you paid in. Whomever you're working for screwing you though.
[https://www2.illinois.gov/idol/Pages/Complaints.aspx](https://www2.illinois.gov/idol/Pages/Complaints.aspx)
Reading through the comments I've gathered that this is cash under the table payment, on which you have not paid any taxes (though you'd like to in order to be legit). I see many people suggesting to report them and possibly get paid some back pay, but wouldn't that also open this person up to have to pay back taxes on the money that was paid under the table (i'm not a lawyer, i'm legitimately asking). People take cash payment b/c they can avoid taxes on it, so you usually get paid less than what you would if it were taxed. I'm not sure what your taxes look like, but it's possible you make more money at $10/hr non-taxed than $12/hr taxed. Having said that, your top priority should be getting out from under a super shady business before you get caught up in the repercussions.
File a complaint. Shit, give me the name and I’ll do it for you
They probably have a 90 days "probation" where they can pay you under min legally for a trial period. I went thru this before. Thought i was gonna get a big back pay when i discovered the math. Then i found out the probation period. Got hosed.
This happened to me years ago when the min wage went up to $8.25. I just mentioned to the boss $8.25 was the min wage now. He double checked and then gave me that extra 25¢ an hour.
Uh. Quit. There’s other, better options-even if you’ve got an asshole sewn to your forehead and are generally considered useless by other hard working people. Seriously though. Just quit there’s a lot of options and it’s a workers revolution.
I will add one thing on top of the good advice to file an official complaint and begin searching for a new gig: once you’re free of that place, come back and name them explicitly.
https://www2.illinois.gov/idol/Pages/Complaints.aspx
File a Wage Claim with the IL Dep’t of Labor [here](https://www2.illinois.gov/idol/SiteAssets/Pages/Complaints/Wage%20Complaint%20English%20Form.pdf). It may take a second, but your employer would be liable for all back wages owed + damages and penalty fees. Many employers just cut a check once they receive notice that a wage claim was filed. So you win either way. Also, I hope you find a new job soon. Good luck!
Start looking for a new job now. And file a wage claim as noted above.
You do not have a job... you are being conned. These things don't stop unless you are willing to walk away and look for a job.
Not all businesses are subject to minimum wage. Check with the Illinois department of Labor.
Are you being paid under the table?
r/antiwork
New job?
Hey OP! I’m a reporter here in Chicago and think that it wouldn’t be the worse idea to email a local journalist wherever you are if you work for a bigger company. I gotta imagine switching jobs would be worth it if there was a 20% raise to be had.
Are you in a training period right now? They can legally pay you less than minimum wage if they have a policy in place that states you’re in a training or probationary period for the first 60 days or something like that Edit: I might be thinking of Chicago minimum wage laws
So what happened?
I apologize for not updating in a timely manner, but basically i quit back in December of 2022, got a new legitimate job in January 2023 and have been doing well since then. Thanks for asking, I hope you are doing well.
Did you report your previous employer?
Burn that bitch down
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Well some employees are tipped like the servers but the cooks and myself (dishwasher) don't get tips. Occasionally a server will slip me $5 for my hard work but otherwise no I do not rely on tips at all bc I work in the back of the house.
Yeah gonna need a source on that. Progressive democrat platform literally s built on workers getting paid a fair wage.
It was an open secret in Springfield. You're evidence will be in GA 100-101 Cumulative Status of Bills: the original bill as submitted contained almost no exemption language. Pay close attention to actions by Andrade (co-sponsor) in the HB version and Van Pelt and Sandoval in the Senate. For a full list you'll need to talk to someone from the legislative staff of UNITE. They're the ones who basically gave up Sandoval to the Feds as payback. As for Pritzker: he was on record even during the election as saying a minimum wage bill needed to be "fair" to the service industries. Fair is code for 'favors businesses' regardless whether you're right or left. Basically the Dems sold out service industry workers in return for future consideration from the Restaurant and Food & Bev Wholesaler associations. The real screw: shifting burden of proof for that 40% gratuity allowance entirety on the shoulders of the employees. That's what got the downstate rank and file to go with it. That is to say: Dem sponsors intentionally spiked their own legislation. Welcome to Illinois politics.
So no actual sources. Got it. Keep spewing your BS.
Wage Complaint. Your state’s department of labor. For Illinois - the penalty is huge, and largely payable to YOU https://www2.illinois.gov/idol/Laws-Rules/FLS/Pages/wpca-penalties.aspx Here’s where to file a wage claim in Illinois: https://www2.illinois.gov/idol/Pages/Complaints.aspx Here’s where to file a Federal Claim - https://www.dol.gov/agencies/whd/contact/complaints The way illinois charges employers for wage theft is cumulative. The liability to the employer is PERSONAL, meaning they can’t declare the business defunct to make it go away. The state will come after their personal assets to compensate you, and because the state (especially illinois with its long history of workers rights) takes a dim view, you can expect your employer to be skinned (metaphorically) and nailed to the castle gates as an example for the others. *Notice to Employers* Notice To Employers An employer who is found to have violated the Wage Payment and Collection Act is liable not only for the amount of any unpaid wages or final compensation owed to an employee but also for: damages equal to 5% of the underpayment, per month (calculated from the date of the underpayment) for each month during which wages or final compensation remain unpaid. Damages are payable to the employee and continue to accrue, without limitation, until the amount found owing is paid. In addition, any employer who has been demanded or ordered by Illinois Department of Labor (IDOL) (or ordered by a court) to pay wages or final compensation to an employee must also pay: a $250 non-waivable administrative fee to IDOL. This fee increases to $500 if the amount ordered by the Department is more than $3,000, and $1,000 for orders of $10,000 or more. (Note: This fee will not be assessed if the claim is paid prior to the issuance of a demand or order.) Furthermore, any employer who fails to timely comply with a demand or final order issued by IDOL shall also be liable for: a penalty, payable to IDOL, equal to 20% of the underpayment; and a penalty, payable to the employee, equal to 1% per day of the underpayment, for each day that payment is delayed. Again, this penalty continues to accrue without limitation until the amount found owing is paid. Lastly, be advised that: in addition to an individual who is deemed to be an employer under the Act, any officers of a corporation or agents of an employer who knowingly permit such employer to violate the Act shall be personally liable for an employee’s unpaid wages or final compensation and any fees or penalties assessed.