I live and am employed in indiana. I have worked for this employer for approx. 5 yrs, but in 2017 i went to prison for HTV. I started back with him upon release (12/2018). The past year, off and on, my boss has had me travel to New Jersey for work. I recently found out that my boss cut bonus checks for $2 on every hour worked in New Jersey. I did not recieve one of these bonuses. Even though i was there also and put in just as much work, sometimes more, than the others who got this bonus. When i inquired as to why i wasnt included, he told me its because i wasnt employed with him when he bid the job. (I was in prison) This boss has put me through hell this year. I am feeling very discriminated against, but im kinda used to that now. I am wondering if theres some law that saus if he works me in another state, he must pay me that states wages.
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Working out of state? Prevailing wage? Discrimination?
- Thread starter StefanieK
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
adjusterjack
Senior Member
He has to pay you the federal minimum wage of $7.25 per hour unless state law says otherwise.
NJ's current minimum wage is $8.60 for 2018 and $8.85 for 2019.
https://www.thebalancecareers.com/2018-19-federal-state-minimum-wage-rates-2061043
Anything above those rates is up to your boss.
Indiana's rate is the federal minimum of $7.25.
How much are you making per hour?
Maybe so, but it's not illegal discrimination. Illegal discrimination would be based on age, sex, religion, race (maybe a couple of others, you can look it up).
The obvious solution is to seek employment elsewhere.
I undestand. Thank you for your response. I am seeking other employment currently i just dont understand how a boss gives bonuses to everyone in the company except for me, but thats a personal issue.
Let me ask this, you said hes only required to pay minimum wage for the out of state work....is there no variations due to the type of work it is? Construction/Carpentry?
adjusterjack
Senior Member
adjusterjack
Senior Member
If you incur unreimbursed expenses to work in NJ you may be entitled to a tax deduction. Check out the following:
https://www.irs.gov/pub/irs-pdf/p529.pdf
https://www.irs.gov/taxtopics/tc514
not2cleverRed
Obvious Observer
Maybe he feels that the "bonus" is that he rehired you after you got out of prison.
After all, he didn't have to.
And, having gone to prison once, how is he to be sure that you will reliably stay out of prison?
That is true and i consider myself very grateful to be rehired. There is alot to this though, its more than just the bonus. Your right, he didn't have to give me my job back, but does the fact that he did allow him or excuse him for being a cruel person? I don't think so.
cbg
I'm a Northern Girl
The law does not entitle you to a bonus. Even if other people get them. The law does not entitle you to be paid a premium to travel. The law does not entitle you to anything extra, as a matter of fact. You are getting paid more than double the federal minimum wage and almost double the higher of the two state minimum wages, so I don't know what more you can expect.
adjusterjack
Senior Member
True. But laws don't address cruelty unless physical abuse or violence is attached.
Taxing Matters
Overtaxed Member
There is one instance where he might be able to get more than minimum wage. If his company has a federal or state government contract and he is working on the government contract project then he might be entitled to be paid the prevailing wage for that kind of work in the area where the work is performed. This is a common requirement, for example, of federal government construction contracts. Some states also follow the federal government in requiring prevailing wage payments. We have no information to know if the job the company bid for was a federal or state governement project subject to prevailing wage requirements, but we have nothing that clearly excludes it, either, so I mention it just in case it turns that that might be applicable here.
Last edited:
LdiJ
Senior Member
Sorry AJ, but the new tax law eliminated those deductions entirely.