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Smart people i need HELP about employment laws and my job.

 
Anonymous Coward
User ID: 28651175
United States
11/28/2012 03:17 PM
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Re: Smart people i need HELP about employment laws and my job.
Good heavens! I thought serf's that belonged to the land went out with the middle ages! You're getting fucked my friend! And not even kissed in the process!

The apartment has value. You work X hours for a "forgiveness or payoff" of the monthly rent. Your employer is saving about 25% in employee taxes, social security, workman's comp,, unemployment, and disability taxes by doing what he's doing. It's also illegal as hell! The employer can be jailed for tax avoidance, fraud and a few other things.

Allowing you to be threatened while at your workplace is a huge NO NO, even in back-woodsy Georgia.

You also are protected by landlord tenant laws and the bastard may not be able to evict you until and unless the taxes are paid and what he owes you in back pay is also paid (with taxes duly withheld).

Call your state employment department and get some general info. This bastard is screwing you and himself in the process. He may save a few hundred per month in taxes but the truth is he's committing a felony to do so!

Good luck! Do not let this bastard treat you or your family this way!
 Quoting: MarkinAZ


Thank you and actually he is a she...the property manager is a woman.But she works for a large real estate company out of atlanta That manage loft apartments...which are low income tax credit apartments. Do you think that would matter? Thank you for this advise i am trying to stand up for myself Ive always felt this wasnt right... just dont wanna get murderd in the process.After the threat was made and then the guy involved stared parking his vehichle close to my wifes car everyday....bullying and intimidating. i filed a police report and spoke to management and put in a 30 day notice to leave my apartment just because we no longer feel safe here like we used too.
Anonymous Coward
User ID: 20090535
United States
11/28/2012 03:39 PM
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Re: Smart people i need HELP about employment laws and my job.
OP, you are working under the table. You have no rights and that is why you are being abused.

I'd get out quick before you get caught for tax evasion.
 Quoting: Anonymous Coward 25761338


I dont think that i am working under the table, i am not working for any taxable income. I am working for an apartment which is worth money...but if there are any taxes to be paid i would think that the apartment complex pays them. Which i also work for.
Anonymous Coward
User ID: 20090535
United States
11/28/2012 03:41 PM
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Re: Smart people i need HELP about employment laws and my job.
OP

Go to the DOL sites (depatment of labor - federal and state)
It defines an "employee" and listes 20 items that define an independent contractor. I doubt you fall into the indepentent contract catagory. You do not need an attorney (yet). GA follows federal guidelines in most cases.

If you fall under the definition of an employee, then the employer is required to provide coverage for w/c and is responsible to pay matching FICA, futa and suta taxes on all wages. Rent can be used towards wages with limitations in meeting minimum wage requirements. But it is still a taxable event.

You should receive a w2 regardless.

Keep in mind you can go to the DOL and file a claim and the complex will be requiered to pay back wages if found in violation after an audit.

Federal law states: if the employer has failed to keep a record of hours worked, the court will soley rely on the word/records of the employee of hours worked. Honesty is the best policy.

I work for a payroll company and I've seen hundreds of these types of employers get audited and have to pay big money in back wages. in addition to fines and penaties to the employees.

Worst case they evict you. Then you can file a retaliation suit with the DOL also.

Its in you interest to investigate and research.
 Quoting: Pamelaantoinette


thank you i will research this, i think you are right...so would i owe taxes on working for a apartment? or do you know?
Mickeyblue
User ID: 9806228
United States
11/28/2012 03:57 PM
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Re: Smart people i need HELP about employment laws and my job.
An idependent contractor is just that. The employer cannot dictate hours, breaks or anything else relative to the work performed as that then would make you an employee. They obviously can dictate the scope of the work.

You have not outlined why your work environment is unsafe other than you have been 'threatened' by a temp. More information is needed to answer your question.

Inform your employing contact that you have been in writing keeping a copy of the notice.
Anonymous Coward
User ID: 25672410
United States
11/28/2012 03:59 PM
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Re: Smart people i need HELP about employment laws and my job.
If you are not compensated with money, what do you do on your income tax?

An income tax return is legal validation of income and expenses and is used in courts for all kinds of cases.

Because the boss is terrified of a federal IRS audit, they most often settle.
Anonymous Coward
User ID: 28216119
United States
11/28/2012 04:13 PM
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Re: Smart people i need HELP about employment laws and my job.
I am dealing with a very stressful and complex situation concerning my work. Firstly i live in Georgia close to atlanta and what i do is i work and live at an apartment complex.But however i do not recieve a paycheck...I do maintenance and grounds keeping work in exchange at the rate of 10.00 per hour concession toward my rent.So i work 65 hours per month and recive my rent completely concessed because my rent is 650 dollars.I do not recieve any benefits nor am i coverd by workmans comp.I do all aspects of maintenance work exept for hvac ( i deal with dangerous electricty). Also me and my wife have recently had our lives threatend and are currently being harrased by a new employee that came from a temp service.But ill get to that later....I have worked every week for the last 10 months strait. The management company is getting a great deal on having me here opposed to hiring somone full time and paying benefits ect.
My first question is....Am i considerd under law to be an employee of this property or not? and do i have the right to a safe work enviroment in this case?
 Quoting: SR 2868985

You need to get this straightened out, due to the new Obama care rules.
If you put in 65 hrs a week as an employee you are owed overtime for anything over 40 hrs and under Obama care, health care coverage.
Anonymous Coward
User ID: 13650348
United States
11/28/2012 05:34 PM
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Re: Smart people i need HELP about employment laws and my job.
I am dealing with a very stressful and complex situation concerning my work. Firstly i live in Georgia close to atlanta and what i do is i work and live at an apartment complex.But however i do not recieve a paycheck...I do maintenance and grounds keeping work in exchange at the rate of 10.00 per hour concession toward my rent.So i work 65 hours per month and recive my rent completely concessed because my rent is 650 dollars.I do not recieve any benefits nor am i coverd by workmans comp.I do all aspects of maintenance work exept for hvac ( i deal with dangerous electricty). Also me and my wife have recently had our lives threatend and are currently being harrased by a new employee that came from a temp service.But ill get to that later....I have worked every week for the last 10 months strait. The management company is getting a great deal on having me here opposed to hiring somone full time and paying benefits ect.
My first question is....Am i considerd under law to be an employee of this property or not? and do i have the right to a safe work enviroment in this case?
 Quoting: SR 2868985

You need to get this straightened out, due to the new Obama care rules.
If you put in 65 hrs a week as an employee you are owed overtime for anything over 40 hrs and under Obama care, health care coverage.
 Quoting: Anonymous Coward 28216119


Srry that was an error i put in 65 hours a month to cover the rent which is 650 dollars.But i always work more than that anways....Because usually in the past i am needed to work more than that and iv been told i would be given an official job there so i work hard to prove myself so i can have a job. But then they told me after 1 months well sorry we cant hire you because the budget will not allow for it.But i am begining to question the legality of paying someone for work in rent concession...i think you have to pay somone a in money...not rent concession or bread or fish.
Anonymous Coward
User ID: 9231012
United States
11/28/2012 06:27 PM
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Re: Smart people i need HELP about employment laws and my job.
I am dealing with a very stressful and complex situation concerning my work. Firstly i live in Georgia close to atlanta and what i do is i work and live at an apartment complex.But however i do not recieve a paycheck...I do maintenance and grounds keeping work in exchange at the rate of 10.00 per hour concession toward my rent.So i work 65 hours per month and recive my rent completely concessed because my rent is 650 dollars.I do not recieve any benefits nor am i coverd by workmans comp.I do all aspects of maintenance work exept for hvac ( i deal with dangerous electricty). Also me and my wife have recently had our lives threatend and are currently being harrased by a new employee that came from a temp service.But ill get to that later....I have worked every week for the last 10 months strait. The management company is getting a great deal on having me here opposed to hiring somone full time and paying benefits ect.
My first question is....Am i considerd under law to be an employee of this property or not? and do i have the right to a safe work enviroment in this case?
 Quoting: SR 2868985


OK, I used to be a live on grounds apartment manager, the deal was $50 a week and free rent.
At the end of the tax year the owner gives me a statement showing all my rent, utilities and small pay as "sub-contract" income!

That means I was responsible at the last minute without prior warning for all the government with holding and taxes all by myself because he had told me when I first started the job that I would be considered an employee.

Your screwed with Uncle Sam now, Sorry.
Anonymous Coward
User ID: 9231012
United States
11/28/2012 08:42 PM
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Re: Smart people i need HELP about employment laws and my job.
I am dealing with a very stressful and complex situation concerning my work. Firstly i live in Georgia close to atlanta and what i do is i work and live at an apartment complex.But however i do not recieve a paycheck...I do maintenance and grounds keeping work in exchange at the rate of 10.00 per hour concession toward my rent.So i work 65 hours per month and recive my rent completely concessed because my rent is 650 dollars.I do not recieve any benefits nor am i coverd by workmans comp.I do all aspects of maintenance work exept for hvac ( i deal with dangerous electricty). Also me and my wife have recently had our lives threatend and are currently being harrased by a new employee that came from a temp service.But ill get to that later....I have worked every week for the last 10 months strait. The management company is getting a great deal on having me here opposed to hiring somone full time and paying benefits ect.
My first question is....Am i considerd under law to be an employee of this property or not? and do i have the right to a safe work enviroment in this case?
 Quoting: SR 2868985


OK, I used to be a live on grounds apartment manager, the deal was $50 a week and free rent.
At the end of the tax year the owner gives me a statement showing all my rent, utilities and small pay as "sub-contract" income!

That means I was responsible at the last minute without prior warning for all the government with holding and taxes all by myself because he had told me when I first started the job that I would be considered an employee.

Your screwed with Uncle Sam now, Sorry.
 Quoting: Anonymous Coward 9231012


Forgot to add, rent is like barter to the IRS, it is considered income and taxable.
January Wolves

User ID: 15256058
United States
11/28/2012 10:48 PM

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Re: Smart people i need HELP about employment laws and my job.
OP, many counties have legal aid services for anyone living in the county. Check to see if you have one.

Ours is at the courthouse in the law library. Two legal aids are always present during open hours and you can tell them your situation and they will tell you whether you are considered an employee or not. They will also direct you to the portions of the laws that apply so you can read up on it in their law library.

They can't file court papers or anything like that for you but they can tell you what to pursue either through a lawyer or small claims or through labor board.

I'd start there first to find out if you are an employee. I'm guessing you are from what you have said. If you are, which the legal aides will tell you if you are, then why not pursue it through your state labor board. Give your state labor board a call also & see if they consider you an employee or a contractor. Actually the labor board should be able to tall you. Just call & ask.
Anonymous Coward
User ID: 14408911
United States
11/28/2012 10:53 PM
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Re: Smart people i need HELP about employment laws and my job.
If you didn't file a w-2 you aren't considered an employee under the law.
 Quoting: LunaticFringe


I dont know about that....i didnt file a w2 because i hanvt recieved any cash earnings.But i have recieved credit or monies toward my rent in exchange for services renderd.
 Quoting: Anonymous Coward 2868985


Didn't you ever stop to think that your working that many hours a week was worth a lot more than just a month's rent?

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