In Massachusetts, can an employer legally withhold a paycheck as a 1099 subcontractor employee?
960616
1. Even if your boyfriend did break the machine, if it was a accident, it's not his responsibility.  An employer has to take into account that loss of property can happen on a job.  The employer's insurance should cover it.\n2. If the employer has not taken legal action against your boyfriend, I would say he has no legal grounds for withholding a check.  I believe it is legal to withhold money from an employee's paycheck if they legally owe the employer money, but this is not the case. \n\nYour boyfriend should go to the Department of Labor office and let them know what is going on.  They should be able to work it out with the employer.
931628
Go the legal route. Talk to an attorney or tax advisor. If you go to your ex-employer's home, call him, etc. he can file a harassment suit against you (and that would be much more expensive and look bad on your employment record/background check). You can send him a bill/invoice (make sure you keep a record of this) for collection purposes. Make sure it is straight forward and there are no personal jibes, threats, etc. as that could be used against you later. Just state the amount owed, what it's for, and a timeline it needs to be paid within.\nYou might be able to put a lien against his business, etc. and make him pay for any attorney fees/court costs depending on how much is owed and what kind of documentation/proof you have. Don't wait too long to do this because the statute of limitations on this is rather short.\nThe important thing here is not to look like a disgruntled ex-employee. You want to come across as a professional just looking to recoupe what is truly owed.
368387
Complain to the local labor enforcement agency. It's usually listed under the State Government in the phone book. But you should have that wage promise in writing. Otherwise they can deny they ever made the promise. You might try emailing your boss to ask about it and then getting a documented response from him. Anything they say that indicates there was a verbal agreement could be used against them. That's why you should send an email. If he responds verbally, then send him an email that summarizes what he said. "Thanks for answering my question today in your office. I understand that I will be getting $X per hour starting next week. Please let me know if I misunderstood."
208554
As it relates to the law of the State of Connecticut specifically, i would say no. Infact it might amount to undue hardship and penalty for them to withhold your paycheck on account of a key when there is a genuine disagreement as to who has custody to it.\n\nHowever, if there was a clause in your employment agreement stipulating that you had to return properties belonging to them upon leaving their employment, then you may have to return the keys, assuming you have it.\n\nThis can however be easily resolved if there is proper communication. Let them know you do not have their keys. They may have to change their locks. But to hold your paycheck on account of that is high-handed.
598549
If you are using this for a business purpose and can justify that to the IRS, and your employer does not reimburse this expense, then yes, you may deduct it, subject to the 2% floor (2% of your adjusted gross income)for miscellaneous itemized deductions.
366461
No matter where you work, you are supposed to be issued a pay stub. Regardless of the payments being direct deposit, or payed to you via check, the record of as far as how many hours you worked, how much taxes you've paid year to date, you have a right to that info. It's ok for your boss to keep the originals, but you are still entitled to a copy. That helps you prevent any mistakes regarding your W2's that your receive at the end of the year. If your employer is not in compliance, you can actually report him to the state.
488346
In 2006, the single person standard deduction is $5150, so he will not pay "income tax" on income up to that point.  However, he will have to pay "self employment" tax on that income as a self employed individual if it's more than $400. (15.3% of self employment income)  This is for FICA and Medicare.  He will likely get a 1099 from his employer for the total amount they pay him.  He can however, deduct any business expenses he had pertaining to this job to lower this figure on Schedule C.  So I would keep track of any expenses he had to pay out of pocket for this job, like mileage, any special tools or equipment purchased, etc.  Talk to a tax accountant and explain his situation for better advice.
862607
At the end of the year, if you paid him/her $600 or more, then you need to fill out and give him/her and the IRS a 1099-MISC form.  These are not too difficult to fill out, and you need not concern yourself with withholdings or FUTA or anything of the sort since they are a contractor and not an employee.  On the 1099-MISC form, you need to fill in their SSN or EIN (whichever they wish to provide).  Anytime you need an identification number to file a form with the IRS, you also need them to fill out and submit to you a completed W-9.  You really don't NEED the W-9 before they start working for you, but I'd get them to fill it out ASAP.  Remember, if you pay them less than $600, then you don't need to send a 1099-MISC nor get a W-9.  Just because you pay them less than $600 doesn't mean they don't have to claim the income, nor does it mean you can't write off the expense.  It just means you don't need the W-9 / 1099-MISC forms filled out.
659655
You pay self-employment tax, calculated when you file your tax return, by completing Schedule SE.\n\nBTW, if you're getting a 1099, then it isn't your employer...
1169597
Generally, Company A would be required to send Company A (and the IRS) a Form 1099, if the total payment in the course of a fiscal year exceeded $1,000.  A written service contract could be helpful to record and enforce parties' obligations, but, as far as I know, is not required.  (Disclaimer: I am not a lawyer, nor do I play one on TV.)
256821
If you are not an employee yes. If you are an employee than NO. It is against the law. Look at pub 15 on the IRS.GOV site it will tell you the difference between a employee and a contractor. EX if they tell you when to be at work when to take your brakes and what time to leave you are an employee.
138448
Go to your states wage and hour board, they have all the answers when it comes to skimming payrollers.\nI worked payroll where a company owner insisted it was legal... he got 10 years federal time. The judge didnt see it his way.\n\nADDITIONAL....What state are you in,be glad to help!
120619
If you are commissioned only and you are an employee, not an independent contractor, then you have to get paid at least minimum wage.  Usually the way companies do this is by paying you a draw against your commissions.  If your commissions do not cover the draw, you still keep the draw money to satisfy the minimum wage requirement.
340171
If they are employees, you will need to determine what their "average" monthly or annual pay is.  Then, using the tax charts from the IRS, you can determine how much should be withheld.  You will also need to check your state tax rates, as well.  What matters most is that the correct amount is deducted by the end of your reporting period, whether that is weekly, monthly, quarterly or yearly.\nIf they are commission only, can you classify them as independent contractors?  If you can, then you won't have to deduct anything at all--you pay the full commission and they are responsible for setting aside and paying their taxes.
437574
if you have a business and recieve checks, then that counts as income on your schedule C.  The payments to your workers are expenses on your schedule C so it cancels out.
1100521
Yes. You are protected under Federal Law. You must be able to prove the employer gave information other than date of employment and job type.
838335
If the IRS were to come after your employer, you would not be held responsible in any way. As long as you report the income you receive and pay taxes on the income at the end of the year, you are doing your part. I noticed that you just said your comission checks would be tax free. Are they withholding taxes from your regular paycheck? Alot of car dealers work this way too. They'll pay their salepeople a biweekly wage and their comission is straight cash. At the end of the year, they issue a 1099-misc reporting that income. You'll have to pay self employment tax at the end of the year