Expert: Shirley McAllister, CPP, PHR - 8/13/2010

Question
QUESTION: I work at a resturant. Ive been working there for 6 months, and i get payed every 2 weeks. The first month that i worked there i got a paycheck, which is the first 2 paychecks i am supposed to recieve. After those to paychecks...all of my paychecks say void on them. Why am i not getting payed. I work 40 hours and sometimes over. I know that it cant possibly be that the taxes are making my checks at zero.

ANSWER: First check your stub that says void to see how much your gross wage and deductions are. Now call your bank and check your bank account because it sounds like you have direct deposit. The first check is always paper than it goes into direct deposit.

Shirley

---------- FOLLOW-UP ----------

QUESTION: i dont have a bank account so i know that its not going into direct deposit... on this specific pay stub that i have in front of me says 240.12 under the total gross but the paycheck is for zero. Do you think my company is getting over on me?

Answer
The paycheck net should not be zero. The company cannot deduct anything from your check that would put it below minimum wages.

On a gross amount of 240.12 your fica tax is 18.37, your federal tax is on your w-4 but even if you claim single and zero it is only 1.00 if you are biweekly. State tax is probably about 7% or 16.81.

That would be about 36.18 for taxes leaving a net of 203.94.

This still does not sound right if you are working 40 hours in a week and you are paid for two weeks you should be paid 80 hours. Minimum wage is 7.25. 80X 725 is 580.00.

If you are only being paid for one week it would be 40 x 7.25 or 290.00

Now if you earn tips they can count those tips toward the gross wage with what is called a tip credit but they still have to gross them up to minimum wages if you do not earn enough tips to make minimum wage.

In either case you check should not be zero because even if you have food allowance or uniform allowance taken out they cannot take you below minimum wage it is against the law to do so.

You need to ask why your check is zero. If you are not paid your correct wages you can file a claim with the Department of Labor for unpaid wages.

Shirley