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  1. #1
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Employer Doesn't Want to Complete I-9 or W-2

    My question involves labor and employment law for the state of: Michigan.

    Went to start new job.

    Well....

    (1) Can't fill out I-9 or W-2 until you have been there for 2 weeks, due to high turn-over.
    (Isn't that illegal?)

    (2) Have to work seven 8-hour days (no problem with that....but....minimum wage hourly worker, no overtime for hours past 40/wk). Which to my knowledge, is illegal, unless salaried worker, but then their is still pay after that....

  2. #2
    Join Date
    Oct 2010
    Location
    Second star to the right...
    Posts
    323

    Default Re: How Illegal Does This Sound

    Quote Quoting PandorasBox
    View Post
    My question involves labor and employment law for the state of: Michigan.

    Went to start new job.

    Well....

    (1) Can't fill out I-9 or W-2 until you have been there for 2 weeks, due to high turn-over.
    (Isn't that illegal?)

    (2) Have to work seven 8-hour days (no problem with that....but....minimum wage hourly worker, no overtime for hours past 40/wk). Which to my knowledge, is illegal, unless salaried worker, but then their is still pay after that....
    Pandora... It is frustrating how many employers are ignorant of the law... Yes, the I-9 section 1 must be completed by the new hire on (or before) day 1, and the employer must complete section 2 by the 3rd day of employment (unless the employment is for a shorter period). The employer faces fines if they are audited, possibly even personal liability but no repercussions that would fall back on you (unless of course the business went out of business due to the fines imposed...)

    So long as the W-2 is completed and entered in the payroll system prior to your first paycheck processing, there is no harm (to you) if it is done the first day or second day or second week of employment.

    In terms of the OT, there are exemptions of FLSA overtime rules for some industries, some establishments and for some occupations in addition to the better known administrative/executive/professional/sales exemptions for salaried employees. So, some hourly employees are exempt from OT. You would need to provide more details about your job and about the establishment to determine if there is a violation.

    Congrats on getting a job. You have been searching for a long time. I am sure that you can excel in this role, wow them, and use the experience as a foothold to help you get your next position. Every job is a networking opportunity and can open future doors.

    Good luck Pandora!

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How Illegal Does This Sound

    Caught you in the other thread, Pandy! Good luck, I think you dodged a bullet with this one.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: How Illegal Does This Sound

    Yeah. I was happy to report to work, but once I found out no paperwork for two weeks..."I'm outta here". It did not seem legal or right. I bet had I worked all two weeks, I would never had gotten a paycheck, or any proof I had worked there....

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How Illegal Does This Sound

    I bet you're right.

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