Making Company Honor Pay Promise Can Be Tricky

Q: My company took over the office about two months ago. They agreed to pay me the salary I was making and then reneged, so I’m making less than I was before. I want to quit my job because I’m unhappy.

What can I do to get back the difference in salary?

--B.S., Orange County

A Employers must abide by their promises to pay wages. The problem is proving the details and the timing of the promise. Even if the promise was made, you would have to determine the length of time that the new salary would continue in effect.

The employers will probably claim that they simply conveyed to you their “hope” and that you knew that they were not going to comply soon thereafter, certainly when you received your first paycheck. If anything, they would argue, you only lost salary for that one pay period until you knew definitely that they would not follow through with their commitments.

Thus, even if you can prove that they made the promise, the amount of your damages may be minimal. You need to evaluate whether the difference between the amount that they promised and the amount that you make is significant enough to warrant legal action.

You could either file a claim with the California labor commissioner’s office, which would investigate your claim for free, file a small claims lawsuit or see an attorney. I would suggest, in any event, that you try to find a replacement job before you complain too strongly.

--Don D. Sessions, Employee rights attorney, Mission Viejo

Tips for Overseas Tax Filers

Q: As of June 1, 1995, I retired and decided to move to Romania, my country of origin. My pension will be mailed to me every month, with a certain amount withheld for state and federal purposes.

How do I file my income tax with the IRS? Do I have to come back every year before April 15 to file my return? Can I file my income tax from Romania and mail it by the respective deadlines? How about if I am selected for an audit? How is this going to be handled if I do not live in the United States? If I have to give my new address, which IRS office records such changes?

--G.G.

A: When you are living outside the United States, you may file your federal income tax return by mailing it to: Internal Revenue Service Center, Philadelphia, Pa. 19255.

Normally, your return is considered filed on time if it is postmarked on or before April 15. If you are a U.S. citizen or resident alien, and both your tax home and your residence is outside the United States, you are automatically granted a two-month extension to file your return and pay any tax due. You may order IRS forms and publications by writing to: Eastern Area Distribution Center, P.O. Box 25866, Richmond, VA 23286.

If your return is selected for examination, the exam will be conducted by mail or an IRS representative will contact you through our International Division.

Notify the IRS if you change your address by completing Form 8822, Change of Address. Send it to the service center where you filed your most recent tax return.

For more detailed information for persons living abroad, please order Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

--Judith A. Golden, Public affairs officer, Internal Revenue Service

Overtime Pay Required for Work on Days Off

Q: Our company has a four-day workweek, 10 hours a day, Monday through Thursday. We normally are paid time and a half for working Friday. If someone misses hours during the week and works Friday, does that person still get paid time and a half even if they have less than 40 hours?

--R.S., Harbor City

A: Several California wage orders permit employees to give up overtime after eight hours a day in return for a shorter workweek with longer work days.

If an employee works on regular days off to “make up” hours or days missed because of absences on scheduled work days, however, they must be paid overtime. If an employer establishes an “alternative workweek” program agreement with a group of employees, all hours worked on days off must be paid at overtime rates, regardless of whether 40 hours have been worked in the workweek.

All hours worked in excess of the regularly scheduled work day or workweek must be paid at premium rates.

It certainly is permissible to have employees work occasional overtime situations on an alternative workweek agreement. However, if overtime is regularly scheduled beyond a weekly or daily maximum, the alternative workweek arrangement is null and void.

--Elizabeth Winfree-Lydon, Senior staff consultant, The Employers Group