Employment Dillemma (employee, tips, unemployment, paycheck)

[punkfan39126]

So I recently moved and I got a bartending job in my new town. I get a small hourly wage (4.65), but the vast majority of my income is tips. I've been working "under the table" since I started even though I have requested several times to be put on the books. After two weeks of working there I requested to be paid my hourly wage for the hours I had accrued to that point and I was asked if "3 dollars an hour was okay", "since I wasn't paying taxes". I let him know that while it was true that I wasn't paying taxes, I also wasn't paying into SS, Medicare, Unemployment, etc; and that I had no real rights as an employee. He begrudgingly paid me out by check at the 4.65 hourly wage and I requested to be put on the books. So now I'm about a month behind on payroll, and while I have no problems getting my tip money every week, I feel like I'm never going to see an hourly wage. I've requested to be made an official employee every week and my requests get ignored. I'm trying to not get too upset about it since my paychecks would be at or around zero dollars because taxes on tips are usually taken out of bi-weekly paychecks but I don't like the fact that I really have no rights as I'm still technically not an employee. What can I do? Should I start documenting my requests somehow?

[Racelady88]

You should stop working without being paid and you should report the company to the Labor Board.

[punkfan39126]

Originally Posted by Racelady88

You should stop working without being paid and you should report the company to the Labor Board.

Well, I am being paid my tips, which are 90% of my income. I'm trying to do the right thing and I certainly don't like the fact that I'm being put in a position where I'm breaking the law but I don't really have the financial ability to quit at this point.

[spencgr]

Originally Posted by punkfan39126

Well, I am being paid my tips, which are 90% of my income. I'm trying to do the right thing and I certainly don't like the fact that I'm being put in a position where I'm breaking the law but I don't really have the financial ability to quit at this point.

Well, technically, you are not breaking the law, because you are considered an independent contractor. Put money aside for the taxes you will owe, and you will be fine.

That being said, you are apparently not happy with this arrangement. You've asked that it be rectified multiple times and they have not fixed the situation. Why do you keep pushing them. It won't change.

Leave and go work someplace else.

(And I assure you that your situation will not improve with this current job if you call the labor board on them. While they are breaking the law, calling the labor board will only a) put them out of business or b) keep them in business where they retaliate against you. Neither one of those situations is better for you.)

[WinterStar]

Don't say anything further to them, you could use a good work reference. Start looking elsewhere in the mean time.