AboutShirley 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
Question My mother-in-law is currently working for a local gas station here in Jackson TN. She does not get a pay stub or a paycheck, they pay her in cash. Also they take out anywhere from 30-60 dollars a week for "taxes". She works 60+ hours a week but does not get over-time pay. She says they have a time card that they fill out but the boss rips them up at the end of the week.
Also some times they do not pay her for all the hours she worked.
Is there anyway to check if they are paying in taxes on her?
Also, she told them that she was going to DHS to try and get some help and they told her that she had to tell them she only worked 20 hours a week and was paid 6.28 and hour (which she is not).
The whole thing seems so fishy, but she cant afford to quit.
Answer This is not legal. Timecards have to be kept for at least 4 years. She should be paid on the same time each payday on a regular payday. Cash is an acceptable method of payment, but she should have a statement of taxes withheld.
Tennessee Wage Regulation Act Title 50𣇻03 requires employers of private employments of 5 or more employees to establish and maintain regular pay periods at least twice monthly. Penalties may be accessed for violation of this section against those employers for missing a regularly scheduled payroll date and in paying their employees late.
You might want to note:
If an employee is still employed and the employer is not paying the employee correctly and they file a wage claim, can they be terminated?
There is no Tennessee law which prevents an employer from firing an employee because they file a complaint with Department of Labor.
I would not lie to DHS because than you can be in trouble with the law for doing so and they can make you pay back any amounts they have given to you.
