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differnce between a cash advance and a paycheck

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bisto

Member
What is the name of your state? California.

My company started giving us cash advances rather than a paycheck lately. For me, the cash advance is for $25 less than what my paycheck should be and there is no taxes paid on it. My employer says they cannot give the full amount when giving an advance and the reason they are giving advances is because they currently do not have enough cash to pay payroll taxes. They said we will get the money back when they have it and they "guarantee" it will be before the end of the tax year.

Is this legal - not to get full amount of what is supposed to be paid to us? For example I am supposed to get $**75 a paycheck after tax, but am getting $**50 instead on my advance.

If they do not pay payroll taxes back by end of the tax year, are we liable and how can we protect ourselves?

How long can a compnay go without having to pay payroll taxes?

Next thing is we were meant to get paid on the 5th and our advances were late.

What rights do we have?

I know it does not sound like a promising future, but for the 4 years I have been with the company it goes in waves and they have always managed to pay us. So although every employee is currently looking for another job, what are our rights while we are still there and if we decide to stay there - if I cause a stink and demand to be paid on time and in full can I be fired?

Last thing is regarding expenses. We have to use are own cars and we are supposed to be reimbursed for gas expenses etc. We give them in every month but we have not been paid back these expenses yet this year - how long does a company to have to reimburse expenses?

One person missed a car payment based on the late paycheck and wanted reimbursed for the amount. She was told she could when she brings prrof and was told that "we cannot guarantee you will get paid on the set dates and if you do not like it you are welcome to go and work elsewhere". This was the last straw for me. I believe a company must set specific dates for payday and must stick to them. Is this correct and what if they do not?

thanks.
 


pattytx

Senior Member
No, it isn't legal. None of it is (except paying in cash, which is not illegal in and of itself). And generally speaking, even "advances" must be taxed (I know a lot of companies don't do this, but it is in the IRS regulations). This company sounds like it may not be around much longer. I would keep very good records (if you aren't already doing so) and file a claim with the Division of Labor Standards Enforcement.

This is going to be an administrative nightmare for the company to reconcile, if they're even still in business at year-end. I'd be looking for another job pronto.
 

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