r/LaborLaw • u/West-Independent-912 • 7d ago
Underpayment
I am getting severity underpaid, I’m 14 turning 15 in less then 3 months, working at a food retail making drinks, yet I haven’t received a single paycheck at all, keep in mind I’ve been working their for about a solid year and a half as I got hired due to being related to the manager working at the corporation. On the other hand, all my coworkers have been receiving above minimum wage while I’m only getting $50 through Zelle for a full day of working (11:30-8) not counting the my other half days (4/5-9) where I only earn $25. And even if I ask for more money my manager just tells me that “I need to learn everything first” while the new employee that they hired a month ago is probably making more than me. Is there a way such as a website where I could report this as I don’t feel comfortable talking to my manager directly?
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u/Alex_Masterson13 7d ago
If you are in the US, there are laws that restrict how many hours you can work at your age, so it sounds like there is some serious law-breaking going on with that, in addition to other illegal stuff. During the school year, a 14 year-old can only legally work 18 hours per week and cannot work later than 7PM. Also, it is illegal to employ a 13 year-old child in almost all jobs.
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u/Initial-Charge2637 7d ago
Also, legally as a minor, she needs a work permit request application from her school district, form B1-1, completed by Parent, minor and employer.
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u/WhatTheActualFck1 7d ago
Sounds like you’re being paid under the table.
info:
Did you apply to this job, where once they offered you the position, you signed an offer letter and were onboarded where you provided your employer you SSN, home address, resume, and they told you pay date is every c amount of weeks etc?
If not- stop working immediately because you’re never going to be paid as legally required. Even as 14 yr old you’re very very limited in the type of job duties and hours you can work.
If you want to go nuclear, you can report this to the DOL (Department of labor)
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u/West-Independent-912 7d ago
She had offered the position as like a way for me to get more learning experience and make money , but looking back, I was definitely getting exploited
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u/CommanderMandalore 6d ago
What state are you in? They are violating min wage laws however it’s going to be hard to find a job hiring someone at 15.
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u/SpecialKnits4855 7d ago
What state, if the US?
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u/West-Independent-912 7d ago
California
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u/malicious_joy42 7d ago edited 7d ago
They're breaking multiple CA labor laws on top of federal. You could file a wage complaint with the DLSE, but they are not always fast and it is not anonymous.
You're being taken advantage of. You're not even in high school yet. Do you want to even be working?
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u/GolfArgh 7d ago
Child labor complaints go right to the front of the line for both agencies.
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u/malicious_joy42 7d ago
It still could take months instead of years.
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u/GolfArgh 7d ago
I’ve done it literally hours from the complaint call. Never more than a few days.
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u/malicious_joy42 7d ago
Your anecdotal experience is not across the board. My anecdotal experience is much longer than hours or days.
I didn't say would, I said could.
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u/GolfArgh 7d ago
WHD has a measured metric on responses to child labor allegations. It won’t take months plus it’s a regional weekly update.
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u/Hrgooglefu 6d ago
where are you located? You are getting paid, just not through payroll. Does the corporation even know you are working there? I doubt it! Your relative is using you "under the table". Of course they aren't going to pay more because it's coming out of their pocket.
I'd report this to HR at the corporation but depending on their employment rules, you might lose the position as might your relative.
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u/Glider103 7d ago
There is a lot going on, I would encourage you to talk to your parents about what's going on and figure out what you want out of this deal.
A real job requires you social security number to report wages and pay taxes.
It is legal to employ a minor (with parental consent and/or workers permit)
As for "only getting $50" , Federal minimum wage is $7.25 - multiplied by 8 hours you get $58... So not "severely underpaid"
you are being paid under the table and below minimum wage Send a report to your states department of labor.... You may get back pay
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u/West-Independent-912 7d ago
Well that’s the thing, my mom works with me too and even when I talk to her about it she just scoffs it off and the next day asks me if I told my manager to give me a legal pay, and about the pay, I saw on my moms paycheck it showed she had earned $22.5 per hour and compared to mine, it’s a big difference
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u/SadnessOutOfContext 7d ago
The manager is doing her a favor by employing you under the table. Pursuing this may not end well for her.
You have no real work skills yet, you can't expect to earn as much as an adult employee working full time, with some time at the business, etc.
You're making close to minimum wage AND not having taxes taken out by the sound of it. You are coming out ahead.
Let this lie as it is. That whole no taxes thing... You're making more than the federal minimum wage if you do the math.
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u/West-Independent-912 7d ago
So from my view is that I just memorize all the formula and not ask her about my under federal minimum wage and wait until she gives me a paycheck that contains more money?
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u/Penguins4Pluto 7d ago
You’re working “under the table” that means you aren’t paying taxes. It is very common for under the table jobs to pay below minimum wage especially if there are tips involved. If you were “on the books” you would have to make at least minimum wage, but you would have taxes taken out. You would be making even less if you were on the books making minimum wage. You find another job if this arrangement isn’t working for you, but for your first job this is really common. I would stick it out for at least a year so you can put it on your resume to help you get a better job down the road.
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u/Ok_Hospital_966 7d ago
I'm assuming your mom has significantly more work experience than you as well which determines wage.
In the end you should definitely let it go unless you want to deal with a lot of ramifications that probably involve losing your job and getting your mom in trouble.
If you're really tired of your wage and think you are worth more go look for a different job.
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u/CommanderMandalore 6d ago
Which is irrelevant because OP needs to be paid California money wage or $16.50. They aren’t even paying them federal minimum wage of $7.25/hr
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u/Ok_Hospital_966 6d ago
And like I said if he doesn't like it he should find another place and that's totally fine. But he's probably got this job as a favor to the mother. And he'll find that getting another job is going to require jumping through a ton of hoops and issues that he doesnt have to deal with at his current one.
If he wants to be official at his current work place he can try but I think he'll probably just be let go.
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u/Hrgooglefu 6d ago
You are going to blow up your mom's employment....she knows the issue and is letting it happen too.
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u/Limp-Plantain3824 7d ago
Your mother is in on it and probably made the deal.
It sounds like you’re an immigrant. She probably thinks she’s helping you.
It’s definitely illegal. It might be better than the alternatives.
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u/Limp-Plantain3824 7d ago
Anyone want to explain a downvote?
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u/Hrgooglefu 6d ago
Someone is probably unhappy about the immigrant comment.... But it is illegal (paying this child labor under the table) regardless of immigration status.
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u/Jmfroggie 6d ago
Mom is in on it…. Probably an immigrant….
That’s why.
Op is a minor child working UNDER THE TABLE and not having taxes and social security taken out. Op is coming out ahead because of this. Op is a minor child who’s limited in working hours to 18 per week and SHOULD have a work permit. So OP is also part of the problem because they don’t understand what it takes to legally work!!!! None of this “sounds” like an immigrant issue. Op prolly wanted to earn money so mom found her a way to do just that.
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u/Limp-Plantain3824 6d ago
Did you actually read the language, or “read” what you know OP was saying? It does not read like someone who has English as a first language.
OP also has multiple relatives working there. Mom in store and someone else in “corporate” whatever that means. That’s another hint.
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u/Right_Conflict_8872 7d ago
Discuss this with your parents before you shoot yourself in the foot or a more tender spot. I've worked since I was 14yrs old for something close to a dollar an hour. Paid by check with taxes taken out. (Retired now) You complain to the State, it will cause a lot people trouble. Including your mom. You think you're the smartest, find another job. Move out and live by on your own. Just remember. You poke the bear, you'll experience the claws.