If my employer never registered as an employer, never took out any taxes, didn't report my income, what can I do?

Question

I worked for a woman as her live-in personal assistant and care provider.  I requested several times for her to follow correct and legal employer/employee procedures (i.e. payroll deductions, Soc. Sec, taxes, etc.) and to set up my payroll via direct deposit.   She failed to do so.  I worked for her 3 years total.  The first 2 I was self employed providing home and business cleaning services to multiple clients, then she asked me to work for her and her husband exclusively.  I have a letter from her verifying that she was my employer.  I worked as their employee, and was required to live in their home.  I was there for a year, during which I never got one single day off.  I worked 7 days a week.  I have an income verification letter stating my pay was $3500/mo.  I never received that amount.  I need to report the income and pay taxes.  What are my options to resolve these issues??  Doesn't she owe me for overtime and for circumventing the payroll deductions mandates?

Neil Pedersen · Answer

There are many violations of the California Labor Code and most likely other statutes by this employer.  Your options are to file an administrative complaint with the California Labor Commissioner's Office, or file a lawsuit in superior court.  Your first move should be to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
   
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. 
   
Good luck to you.

Maya L. Serkova · Answer

I agree with my colleagues that your employer violated multiple Labor Codes. As a result, you may be owed back pay and penalties. I recommend you consult an employment law attorney who will further examine your situation and explain your options.  Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation. 
 
You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck. 
 
Sincerely,  
Maya L. Serkova

James L. Arrasmith · Answer

Given the circumstances, you may have grounds to pursue legal action against your former employer for various violations, including failure to pay proper wages, failure to provide breaks, and misclassification of your employment status. It's essential to consult an attorney who specializes in employment law to discuss your situation and evaluate potential claims. You can seek remedies such as unpaid wages, overtime compensation, and potential penalties for labor law violations under California law. 
 
Best regards, 
 
James L. Arrasmith 
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith

Q: If my employer never registered as an employer, never took out any taxes, didn't report my income, what can I do?