I have been working for a company and had recently been laid off. I asked about getting out my 401 and they acted like they didn't know what I was talking about. I put in $10 a hour and they are telling me there is no account where has my money been going!

If you have a 401(k) account you should have (a) paystubs that show your contributions each pay cycle, (b) quarterly statements that have been mailed to you by the plan adminsitrator with details on yor account value, and (c) copies of the enrollment forms that you signed when you enrolled in the plan. Do you have these? Are you sure the $10/hour deductions were specifically for a 401(k) and not some other type of savings or retirement plan? Finally - who did you talk to about this? Was it HR or did you call the 401(k) plan administrator?

First, its not a good idea to piggyback your question on another thread, especially a 7 year old one. To avoid confusion I've moved your question to its own thread.

Second, I've never hear of a 401(k) contribution on an hourly basis. Contributions are generally a percentage of your paycheck. Usually not more than 10%, but more often 6% or less.

So on your paystub, how is this deduction defined? Each deduction should have an explanation. What does your paystub say?

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Originally Posted by ScottGem

First, its not a good idea to piggyback your question on another thread, especially a 7 year old one. To avoid confusion I've moved your question to its own thread.

Second, I've never hear of a 401(k) contribution on an hourly basis. Contributions are generally a percentage of your paycheck. Usually not more than 10%, but more often 6% or less.

So on your paystub, how is this deduction defined? Each deduction should have an explanation. what does your paystub say?

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It doesn't even show on there! It is a pravaling wage job. I am new to this so I'm not sure what's been going on. I know I was making $34 a hour and was only bringing home $21-$25 a hour. When I asked why they said it was going into my 401. My buddy was having the same done but got his pen number and some was in there even though it was wrong. They have been doing this to all of us.

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Originally Posted by chollins33

It doesnt even show on there! It is a pravaling wage job. I am new to this so im not sure whats been going on. I know i was making $34 a hour and was only bringing home $21-$25 a hour. When i asked why they said it was going into my 401. My buddy was having the same done but got his pen number and some was in there even though it was wrong. They have been doing this to all of us.

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If your salary was $34/hour, then netting $21-25 is reasonable with withholding for taxes, medical, union dues(?) etc.

Your paystub should detail all these deductions. Have you tried adding up the deductions and subtracting from the gross pay to see if the net was correct?

It is illegal to deduct anything from your pay without your permission.

Who did you ask? Who told it was going into your 401K? Did you talk to HR about this?

If you want our help you need to detail exactly what your paystub says. In fact, it might help if you scan a copy, blocking out any personal info or info about the company. Just show the pay details. We may be able to help then.

People have been dealing with this but since it is good money no one says anything. And I know that is where it is suppose to be going because they keep saying it. They had me sign the paper three times because every time I say I elect to contribute 0! Its no secret with the guys at work what is going on but like I said I got laid off and was wanting to take a loan out on it is the reason I asked them about it. My buddy got his but its not all there.

I suggest you go to your local state Dept of Labor. Something sounds fishy here. Take copies of your paystubs and copies of anything you signed.

Again, Your paycheck should detail what was withheld and where it was supposed to go. You can just write it down into your response here. But without seeing what your paystub says, we can't help.

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Originally Posted by ScottGem

I suggest you go to your local state Dept of Labor. Something sounds fishy here. Take copies of your paystubs and copies of anything you signed.

Again, Your paycheck should detail what was withheld and where it was supposed to go. You can just write it down into your response here. But without seeing what your paystub says, we can't help.

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It will not let me out the picture of my stub on here! I REALLY need help though. I'm trying everything to attach it.

It's very dificult to read the stub as the quality of photo is quite poor. But it looks like you have witholding for school district tax, federal tax, social security, medicare, then something I can't read (what is that?), then city tax. I don't see any withholding for a 401(k) plan or a savings plan - what makes you think you are enrolled in one?

I agree the image is hard to read, but as near as I can make out, you

Received $1000 for a 40 hour week @ $25/hr (not $34) and an hour and a half OT @ time and a half for a weekly total of 1056.25. You had deductions Athens City (17.45) Fed withholding (138), Social Security (65.49), Medicare, and OH state (33.79) for a total of 270.02, leaving you with a net of 786.20 (The math is off a bit because the number are hard to read).

The amount of those deductions are reasonable. And there are no other deductions for a 401(k) or any type of savings plan.

So I'm not sure where you are getting the idea you had one. Now if your pay rate is a mistake, that should have been dealt with long ago.

[QUOTE=ScottGem;3566654]I agree the image is hard to read, but as near as I can make out, you

Received $1000 for a 40 hour week @ $25/hr (not $34) and an hour and a half OT @ time and a half for a weekly total of 1056.25. You had deductions Athens City (17.45) Fed withholding (138), Social Security (65.49), Medicare, and OH state (33.79) for a total of 270.02, leaving you with a net of 786.20 (The math is off a bit because the number are hard to read).

The amount of those deductions are reasonable. And there are no other deductions for a 401(k) or any type of savings plan.

So I'm not sure where you are getting the idea you had one. Now if your pay rate is a mistake, that should have been dealt with long ago.[/Q

It is prevailing wage. I get paid $34 a hour when I had asked them why I was only getting $25 they said the rest is going in 401. I signed a paper showing they were taking it out but never got a statement saying that. They do the same thing to EVERYONE who works for them. My friend got some of his in a account but not all that is suppose to be. The said because it is government not state it takes longer to get in there. I have none. I have papers they want me to sign which I have signed three time but every time I elect to contribute 0 so they act like they lost them and have me sign them again. I assure you with 100% that I make $34 a hour. I guy that work there said this is not the first time they have done this and that that sometimes they HAVE TO CUT CORNERS TO PAY OUR WEEKLY CHECKS. I assure you they afre taking my money. I signed papers saying I get $34 and

[QUOTE=chollins33;3566713]

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Originally Posted by ScottGem

I agree the image is hard to read, but as near as I can make out, you

Received $1000 for a 40 hour week @ $25/hr (not $34) and an hour and a half OT @ time and a half for a weekly total of 1056.25. You had deductions Athens City (17.45) Fed withholding (138), Social Security (65.49), Medicare, and OH state (33.79) for a total of 270.02, leaving you with a net of 786.20 (The math is off a bit because the number are hard to read).

The amount of those deductions are reasonable. And there are no other deductions for a 401(k) or any type of savings plan.

So I'm not sure where you are getting the idea you had one. Now if your pay rate is a mistake, that should have been dealt with long ago.[/Q

It is prevailing wage. I get paid $34 a hour when i had asked them why i was only getting $25 they said the rest is going in 401. I signed a paper showing they was taking it out but never got a statement saying that. They do the same thing to EVERYONE who works for them. My friend got some of his in a account but not all that is suppose to be. the said because it is government not state it takes longer to get in there. I have none. i have papers they want me to sign which i have signed three time but every time i elect to contribute 0 so they act like they lost them and have me sign them again. I assure you with 100% that i make $34 a hour. I guy that work there said this is not the first time they have done this and that that sometimes they HAVE TO CUT CORNERS TO PAY OUR WEEKLY CHECKS. I assure you they afre taking my money. I signed papers saying i get $34 and

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I have filled these out three times. I give you my word they are taking $10hr out. They one paper he brought on the job for me to sign I tried to read it but he said just sign he had to go and it stated I make $34.95 and they are taking $9.95 for 401k.

You are being scammed. If they are doing what you say - withholding $9.95 for a 401(k) and not reporting it on your pay stub - it's highly illegal. Your total wages need to be reported on the pay stub, and taxes for social security, medicare and Ohio State income tax must be based on your total wages including the 401(k) contribution amount. By not reporting it they are underpaying these taxes and breaking the law. Now the question is what to do about it? You could have a conversation with your boss about the illegality of what they're doing, but obviously that may be a conversation that leads to your dismissal. Or you could call the SS administration (once the government comes back to work) to report that your employer is under-reporting your wages, and the SS adminisstration will come after them and set this right the hard way.

Bythe way - did you work for them in 2012 and if so did you receive a W2 form reporting wages, SS withholding, and 401(k) plan contributions?

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Originally Posted by ebaines

You are being scammed. If they are doing what you say - withholding $9.95 for a 401(k) and not reporting it on your pay stub - it's highly illegal. Your total wages need to be reported on the pay stub, and taxes for social security, medicare and Ohio State income tax must be based on your total wages including the 401(k) contribution amount. By not reporting it they are underpaying these taxes and breaking the law. Now the question is what to do about it? You could have a conversation with your boss about the illegality of what they're doing, but obviously that may be a conversation that leads to your dismissal. Or you could call the SS administration (once the government comes back to work) to report that your employer is under-reporting yuor wages, and the the SS adminisstration will come after them and set this right the hard way.

Bythe way - did you work for them in 2012 and if so did you receive a W2 form reporting wages, SS withholding, and 401(k) plan contributions?

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This is my first year with them but I know huys that have been there any where from 3 to 20 years who they do the same. I guess they assume since we make good money we won't question it. I had a lawyer that I was talking to a few months back but I wasn't sure at the time if I wanted to go through with it but I haven't heard from him and lost his number. The also violate be classing us a roofers when we are laborers so the don't have to pay us laborer wages. Misclassification is common and actually hard to prove. I have been a laborer my whole life and actually was in the laborers union but this job is not union never have I ever been a roofer.

And we subcontract on a lot of our jobs and I was usually cool with the other guys and on their checks it would show it as fringe benefits.

As long as it's clear to you that you are earning $25/hour in this job, not $34.95, and that's OK with you then go along with it.

The first image shows that you declined to contribute to the 401(k). So its really hard for us to say what's going on.

I did some research on "Prevailing wage". Here's the law for OH: Lawriter - ORC. The specific section is this:

(E) "Prevailing wages" means the sum of the following:

(1) The basic hourly rate of pay;

(2) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program;

(3) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing the following fringe benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected:

So it appears legal for your employer to use a portion of the prevailing wage to make a contribution to a benefit plan. What I'm not clear on is why that would not be listed on your paystub.

So your company is now telling you that that they have no record of the $9.95 difference between the prevailing wage and your actual rate of pay? Do you have any documentation that your prevailing wage was $34.95?

So, again, I'm going to suggest that you go to your Department of Labor (Ohio is it?) with your paystubs and whatever documents you have referencing a 401(k). I think, since its govt mandated, that they should be able to confirm the prevailing wage and since your paystub doesn't reflect it, help you find out what is going on.

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Originally Posted by ScottGem

The first image shows that you declined to contribute to the 401(k). So its really hard for us to say what's going on.

I did some research on "Prevailing wage". Here's the law for OH: Lawriter - ORC. The specific section is this:

(E) "Prevailing wages" means the sum of the following:

(1) The basic hourly rate of pay;

(2) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program;

(3) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing the following fringe benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected:

So it appears legal for your employer to use a portion of the prevailing wage to make a contribution to a benefit plan. What I'm not clear on is why that would not be listed on your paystub.

So your company is now telling you that that they have no record of the $9.95 difference between the prevailing wage and your actual rate of pay? Do you have any documentation that your prevailing wage was $34.95?

So, again, I'm going to suggest that you go to your Department of Labor (Ohio is it?) with your paystubs and whatever documents you have referencing a 401(k). I think, since its govt mandated, that they should be able to confirm the prevailing wage and since your paystub doesn't reflect it, help you find out what is going on.

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Thank you! When I asked why it doesn't show on my stub they said I will get a statement which I never have. And the guys who have been there 30+ years told me they do this. And when I asked him for my pen to check the online site he said there was no account because they can't find the papers I filled out three times. If there is no account where is my money. But I am thankful for the help.

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Originally Posted by chollins33

Thank you! When i asked why it doesnt show on my stub they said i will get a statement which i never have. And the guys who have been there 30+ years told me they do this. And when i asked him for my pen to check the online site he said there was no account because they can't find the papers i filled out three times. if there is no account where is my money. But i am thankful for the help.

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Here's the thing. Your paystubs say one thing. Your paystubs do not reflect the prevailing wage. I believe it is illegal for your paystubs to not do so, but I'm not sure because this prevailing wage thing is new to me. What I am pretty sure of is that, if you were supposed to be paid the prevailing wage, the govt should be able to confirm that. Since your payustubs don't reflect that you were, it would appear they do owe you money and the DOL will help you get it.