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Every Thing Else Board
Employer failure to withhold FICA
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<blockquote data-quote="1982vett" data-source="post: 573363" data-attributes="member: 7795"><p>Labor laws still come into play reguardless of any mutual agreements. </p><p></p><p>Exerpt from <a href="http://www.dol.gov/esa/whd/regs/compliance/whdfs12.pdf" target="_blank">http://www.dol.gov/esa/whd/regs/compliance/whdfs12.pdf</a></p><p></p><p></p><p><em>....Typical Problems</em></p><p><em></em></p><p><em>Not keeping/maintaining records of the names and permanent addresses of temporary agricultural employees, dates of birth of minors under age 19, or hours worked by employees being paid on a piece rate basis.</em></p><p><em>Failing to pay overtime to employees whose jobs are related to agriculture but which do not meet the definition of agriculture contained in the Act.</em></p><p><em></em></p><p><em><strong>Agricultural employers who utilize the services of a farm labor contractor are almost always in a situation of joint employment with the contractor in regard to the employees. Joint employment means that both the contractor and the farmer are responsible for complying with the minimum wage, overtime, recordkeeping, and youth employment provisions of the law. If either party fails to comply with the law both parties may be held liable.</strong> ....</em></p><p></p><p>The question of born2run being correctly classified as contract labor or is acutally an employee has not been clearly established (unless I missed it). The fact that payment is in cash raises suspicion with me.</p><p></p><p>I'm with Alice on this one. Do what you need to do for yourself and let the chips fall where they may.</p></blockquote><p></p>
[QUOTE="1982vett, post: 573363, member: 7795"] Labor laws still come into play reguardless of any mutual agreements. Exerpt from [url=http://www.dol.gov/esa/whd/regs/compliance/whdfs12.pdf]http://www.dol.gov/esa/whd/regs/compliance/whdfs12.pdf[/url] [i]....Typical Problems Not keeping/maintaining records of the names and permanent addresses of temporary agricultural employees, dates of birth of minors under age 19, or hours worked by employees being paid on a piece rate basis. Failing to pay overtime to employees whose jobs are related to agriculture but which do not meet the definition of agriculture contained in the Act. [b]Agricultural employers who utilize the services of a farm labor contractor are almost always in a situation of joint employment with the contractor in regard to the employees. Joint employment means that both the contractor and the farmer are responsible for complying with the minimum wage, overtime, recordkeeping, and youth employment provisions of the law. If either party fails to comply with the law both parties may be held liable.[/b] ....[/i] The question of born2run being correctly classified as contract labor or is acutally an employee has not been clearly established (unless I missed it). The fact that payment is in cash raises suspicion with me. I'm with Alice on this one. Do what you need to do for yourself and let the chips fall where they may. [/QUOTE]
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Employer failure to withhold FICA
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