Question Details: When I first started working for my employer she didn't take out taxes. This went on for a couple months. Recently she became concerned that her employees wouldn't be able to collect unemployment if she didn't deduct. I told her I wouldn't be taking unemployment, but she's deducting "just in case," even though, come September when I leave, I'll have only been on the books for a few weeks, which would probably disqualify me for unemployment anyway. When she pays us she writes a business check or gives cash and a printout that has my name, wages, and taxes but not her or her company's name.
The Wage Act, G.L. c. 149, s 148 specifies the requirements about this. Even without looking at it, if you are an employee, she is in violation of the statute in several respects. An employer needs to withhold taxes, etc, needs to provide you a paystub setting forth the relevant information. Also, after you leave don't not apply for unemployment because she did not withhold for a long period; that is her problem, not yours. How many employees does she pay like this?

Are you a lawyer?
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