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Employment Law/CURRENT EMPLOYMENT CONCERN

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Question
I have been employed at a daycare called Happy Home in Devine TX. since November of 2007 and have never received a check stub i am worried that no taxes are being taken out and when i ask the answer is always i will get you a stub but still have not.then on my current tax w2 i had made almost 800 dollars and yet on federal tax withheld the amount was  0 can you help me with this problem is this legal.

Answer
First of all did you fill out a W-4 when you started working and if so what deductions did you put on the W-4 form. Were you paid weekly, biweekly, semi monthly or monthly?

Second in the State of Texas the pay stub is required and the required items on the pay stub are:
Employee's name, pay rate, gross and net earnings, amount and purpose of deduction, hours worked. You should have a pay stub for every payday with every pay check.

I would ask to see my W-4 and what my deductions were that I claimed. I you have claimed the right amount of deductions to have tax withheld, than I would ask why it was not withheld. If you filled out the W-4 incorrectly than you need to fill out a new one and fill it out correctly.

If the company will not give you a check stub I would contact my local department of labor and talk to them about it.

You can find your State of Texas at the following website. Just click on Texas.
http://www.dol.gov/dol/location.htm

Shirley  

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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