Does an employer have to pay you wages?

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  • PeoplesChampGB
    All Star
    • May 2012
    • 6003

    #1

    Does an employer have to pay you wages?

    So my wife recently got a job with needle, which is a customer support service that contracts out to Barnes and Noble.

    Basically, from what my wife was told and what her "independent contractor" contract states, she is supposed to be paid a wage plus incentives through the points program as commission bonuses, IE you earn points through the books you sell that you can redeem for prepaid money cards.

    My wife was supposed to be paid Monday, but since Barnes and Noble customer support chat launched last Thursday, we didn't think much of it because we figured they would add those few days onto this Monday's pay. No big deal.

    Anyways, Needle has been refusing to answer her and her other co-workers on when they are getting paid, wages, etc. They came out today and basically said that you earn points through them that you can redeem for cash and other things. Is that legal?
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  • Rockie_Fresh88
    Lockdown Defender
    • Oct 2011
    • 9621

    #2
    Re: Does an employer have to pay you wages?

    Sounds pretty illegal to me . But I'm not a lawyer
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    • Jr.
      Playgirl Coverboy
      • Feb 2003
      • 19171

      #3
      Re: Does an employer have to pay you wages?

      Originally posted by PeoplesChampGB
      So my wife recently got a job with needle, which is a customer support service that contracts out to Barnes and Noble.

      Basically, from what my wife was told and what her "independent contractor" contract states, she is supposed to be paid a wage plus incentives through the points program as commission bonuses, IE you earn points through the books you sell that you can redeem for prepaid money cards.

      My wife was supposed to be paid Monday, but since Barnes and Noble customer support chat launched last Thursday, we didn't think much of it because we figured they would add those few days onto this Monday's pay. No big deal.

      Anyways, Needle has been refusing to answer her and her other co-workers on when they are getting paid, wages, etc. They came out today and basically said that you earn points through them that you can redeem for cash and other things. Is that legal?
      Wage is determined by the company. She should've signed some kind of contract that stated how she would be compensated. If she didn't, the company isn't legally obligated to anything as far as I know.
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      • PeoplesChampGB
        All Star
        • May 2012
        • 6003

        #4
        Re: Does an employer have to pay you wages?

        Originally posted by Jr.
        Wage is determined by the company. She should've signed some kind of contract that stated how she would be compensated. If she didn't, the company isn't legally obligated to anything as far as I know.
        Her contract agreement is right on the website stating that she be paid wages plus incentives. If anything, she should still be making at least minimum wage I would think.
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        • SuperBowlNachos
          All Star
          • Jul 2004
          • 10218

          #5
          Re: Does an employer have to pay you wages?

          My wife was supposed to be paid Monday, but since Barnes and Noble customer support chat launched last Thursday, we didn't think much of it because we figured they would add those few days onto this Monday's pay. No big deal.
          So what exactly is happening? Did she work Thursday-Monday? Was she working with Needle for another client before that? I've never heard of hours from over the weekend being on a paycheck issued that same Monday.

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          • PeoplesChampGB
            All Star
            • May 2012
            • 6003

            #6
            Re: Does an employer have to pay you wages?

            Originally posted by SuperBowlNachos
            So what exactly is happening? Did she work Thursday-Monday? Was she working with Needle for another client before that? I've never heard of hours from over the weekend being on a paycheck issued that same Monday.
            The pay period is from Sunday-Saturday, meaning that Thurs, Fri, and Sat shouldve been on this past Monday's pay.

            My real question is can an employer pay you on points for redemption? She gets assigned hours so its not like she is volunteering for incentives.
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            • SuperBowlNachos
              All Star
              • Jul 2004
              • 10218

              #7
              Re: Does an employer have to pay you wages?

              I'd contact your state's Department of Labor. If you are a Redditor ask on r/legaladvice

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              • ImTellinTim
                YNWA
                • Sep 2006
                • 33028

                #8
                Re: Does an employer have to pay you wages?

                It all depends on what is in the contact she signed (I assume she signed a contract before starting work). Also, you said she's an independent contractor. This means there is no employer/employee relationship here, at least on paper. So unless this goes to court and a judge determines this to be an employer/employee relationship, a lot of the labor laws won't apply.

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                • kehlis
                  Moderator
                  • Jul 2008
                  • 27738

                  #9
                  Re: Does an employer have to pay you wages?

                  Sounds similar to people who sell items for things like Avon, or those candle party things.

                  They aren't eligible for labor laws (don't get minimum wage nor are they guaranteed to get paid anything). They get paid 100% on production and even that payment is up to the company as to how it actually gets paid.

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                  • ImTellinTim
                    YNWA
                    • Sep 2006
                    • 33028

                    #10
                    Re: Does an employer have to pay you wages?

                    I'd also add that it sounds like this company wasn't straightforward the first time she tried dealing with them. I'd get away ASAP. Good luck.

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                    • FlyingFinn
                      MVP
                      • Jul 2002
                      • 3956

                      #11
                      Re: Does an employer have to pay you wages?

                      According to their website, she is not entitled to any wages:

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                      • cjonesfan921
                        UGH, next year
                        • Jan 2005
                        • 20081

                        #12
                        Re: Does an employer have to pay you wages?

                        Sounds like it. She will probably still receive a 1099, too.

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                        • kehlis
                          Moderator
                          • Jul 2008
                          • 27738

                          #13
                          Re: Does an employer have to pay you wages?

                          Originally posted by cjonesfan921
                          Sounds like it. She will probably still receive a 1099, too.


                          Absolutely, it's considered income earned.

                          Pretty swarms if they weren't very clear about it though.

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                          • ANDROMADA 1
                            So long to a Legend.
                            • Dec 2008
                            • 5024

                            #14
                            Re: Does an employer have to pay you wages?

                            Originally posted by cjonesfan921
                            Sounds like it. She will probably still receive a 1099, too.
                            Why would she receive a 1099? Do you send T mobile a 1099 when you pay your cellphone bill? or sprint? or whoever?

                            A 1099 is the incorrect form per the IRM and Tax regs.

                            You would first have to know what tax class you are.....Never assume when it comes to men/woman and money-Andro

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                            • ANDROMADA 1
                              So long to a Legend.
                              • Dec 2008
                              • 5024

                              #15
                              Re: Does an employer have to pay you wages?

                              Originally posted by kehlis
                              Absolutely, it's considered income earned.

                              Pretty swarms if they weren't very clear about it though.
                              Not true. All income is not taxable. Most people never bother to look into it. They just assume.

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