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When I suggested to my company that they stop breaking labor laws, start paying us the milage we were owed as outlined by the IRS, and pay us the overtime that we are due...they "laid me off" and handed me a final check that withheld money ($1,800) they they overpaid me due to a payroll error back in May, didn't pay me my insurance compensation, and shorted me $1,400 off of my bonus. I was fired without warning, and left with a $155 final check when it should have been about $4,000. I have ALL documentation necessary to prove this, including my bonus sheet sent to me by payroll that shows how much I earned, daily documentation of all the travel I did since last September(that they never reimbursed me for), and I faxed it all to the controller Thursday July the 24th, its now Monday and I havent heard anything. Where do I start? I think I have to report to the IRS, The EEOC, and the Ca. Labor Board. Anyone have suggestions or know the fastest way to get a hold of these people?
Slight correction: The IRS, as answered by Raicha, does not require my company to pay me milage, yes. However, my employee handbook, which I was issued when hired, states: " An employee required to use his or her automobile for business will be reimbursed at the rate set by the IRS each year for per-mile deductions, provided the employee submit vouchers showing the dates, miles traveled and business purpose(s) of each trip." ...Which I did. Given this new info that I neglected in my question...any new perspectives?
The IRS does not require any employer to pay any employee mileage. The IRS only informs employers and employees of how much they can legally deduct on their tax returns for business miles. If you are as incorrect about your other claims as you are about this, you will have a tough time. But start by making a wage claim with the California Employment Development Department for amounts you think are owed you. ' As for EEOC-- your only claim with them appears to be that they retaliated against you for asserting your legal right to get paid. I don't think that fits into the EEOC's job description, but I suppose you could try it.
MA law requires a 1/2 hour break if the entire work time is more than 6 hours. No exceptions that could apply to you exist. No other breaks are required, however. As for the 3 hour rule, if you are scheduled for 3 hours or more, you must be paid for at least 3 hours, even if you are sent home early. If the schedule is for 2 hours, they only have to pay 2. The 3 hour rule is about giving people who are scheduled but sent home early fair pay. Nothing requires them to schedule 16-17 year olds any particular amount of time. There is no legal distinction between supervisor and non-supervisor duties and nothing requires them to pay more for doing them. Madison Heights law does not require a specific amount of time between shifts. 6 hours is reasonable. Madison Heights law exempts from overtime those people working in an industry that operates for no more than 120 days out of the year. If you're a seasonal employee, but the park is open more than 120 days, that doesn't count and they are breaking the law. If the park closes outside of summer, it's legal.
Consider talking to an attorney. You should be able to talk to one for free even if you decide not to hire them to help you. If you do hire an attorney, make sure you sue for enough so that after you pay your legal fees you still have all the money you are owed plus some left over to compensate you for your hassles. Contact the state's department of labor and industries. The IRS isn't concerned about whether or not they paid you everything you are owed, they are concerned about whether or not you paid your taxes. The State department of L&I is the department that enforces labor laws including laws about compensation. They should be able to give some basic legal advice. You might even ask to set up a meeting to review the situation with an advocate from the department.
Being confrontational at work is a bad idea especially about something minor like gas millage. Salaried workers are not entitled to overtime.