To: President Donald Trump, The New York State House, The New York State Senate, Governor Andrew Cuomo, The United States House of Representatives, and The United States Senate
Tax on income which employer did not deduct legally
Oblige employers who broke the law pay for taxes withheld from workers when a court ruling or agreement is attained, instead of deducting it from a worker's check (settlement, court ruling), because it was the employer who primarily broke the law by underpaying minimum wages, over time, or other legal benefits.
Why is this important?
I've seen in NY how employees who reach an agreement on unpaid wages, or overtime with an employer, receive their settlement pay, but this is heavely burdened by unpaid taxes, which is not the employee's fault. I think that the necessary legislative modification should be made in this respect, and make the employers pay those deductions instead of the workers.
In this sense, it is the employers who illegally retain wages by not paying regular minimum wage or over time,and therefore avoding taxes, which means that they broke the labor law primarily.
So, when a settlement supervised by a court, or court ruling is achieved, the corresponding employees' tax withholdings that were not deducted in time due to the employer broke the labor law, should be transferred to the employer as a punishment for all the time they did not legally pay minimum wage or overtime, and let the worker obtain a just and compensatory relief, instead of a thin check after taxes which wouldn't reflect the hardship many workers go through due to the employer primarily breaking of the law.
This proposal may involve legal intricacies for it involves not only the Labor Law but the IRS and other possible legal codes. However, I am certain that the employer should not be left off the hook once again, especially when it comes to employ undocumented workers.
In this sense, it is the employers who illegally retain wages by not paying regular minimum wage or over time,and therefore avoding taxes, which means that they broke the labor law primarily.
So, when a settlement supervised by a court, or court ruling is achieved, the corresponding employees' tax withholdings that were not deducted in time due to the employer broke the labor law, should be transferred to the employer as a punishment for all the time they did not legally pay minimum wage or overtime, and let the worker obtain a just and compensatory relief, instead of a thin check after taxes which wouldn't reflect the hardship many workers go through due to the employer primarily breaking of the law.
This proposal may involve legal intricacies for it involves not only the Labor Law but the IRS and other possible legal codes. However, I am certain that the employer should not be left off the hook once again, especially when it comes to employ undocumented workers.