Potentially good news! After also receiving a letter saying the Wage Complaint case has been dropped because of our "independent contractor" status, I sent an email describing how we were not, by definition, independent contractors... and I just heard back that they will likely proceed with the claims afterall!!
But the case worker wanted to know this: "When you got paid your salary, what was the companies name on the check and do you know who signed them?"
Anybody know the answer to this?? I responded to the case worker by saying that we never received physical paychecks, and that all of our salary was direct deposited into our accounts, perhaps by Theresa. If someone has more to add, please share!
Here is the email I sent to the case worker regarding our independent contractor status:
"I received your letter about having to drop the case because of the independent contractor technicality, which is a very unfortunate turn of events. I can't tell you how much we have appreciated your help thus far, but I want to clarify that nothing about the job with Beyond the Wall can be defined as an "Independent Contractor" position, regardless of the language used in our contract.
Quote from the IRS website: 'You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed. If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor..." (http://www.irs.gov/businesses/small/article/0,,id=179115,00.html)
Beyond the Wall, did, in fact, control nearly all aspects and details of the job and how they were preformed day-to-day--they provided the truck, all sales/promotional materials, and all computer and sales equipment; they dictated the costs of the merchandise sold and when to give discounts; they set up all contracts with the schools we were told to be at and then gave us a strict schedule for where to be and when; they determined how to set up the sale at each school and what time to begin and end each sale; they were in daily contact with us to check on our progress and handle any IT problems; they determined what time we needed to submit our accounting paperwork and make deposits; etc...
I sincerely hope this information changes the way we can proceed with this claim. Again, thank you so much for your help, and I hope to hear from you soon."
Also, I believe we have serious strength in numbers! I bet one reason why they are re-looking into the claim is because so many people filed Wage Complaint forms (I'm so glad to hear the Czechs are taking action as well!)... they really can't ignore such a large number of us unpaid employees.
If anyone has more updates, please share! Has anyone actually reached Tony?
All Czechs filled out complaints and have been contacted by guy named David J. Summa from Bureau of Labor Law Compliance. But since then nothing happend. Any news?
can someone post details about how to file a wage complaint and maybe copy some of the key points you made? this sucks. i just emailed BTW again, since they said they'd "review" our commissions early to mid-March. i'll fill yall in if there's any news. -team mudma$k
Is the wage complaint form. It's pretty straightforward. Please fill one out, it just takes a few minutes. The more pressure the better, because BTW is actively being investigated and it seems much harder to ignore if tons of people are filling out complaints.
A little bird told me that BTW is trying to claim that they don't owe any commission at all because of the original "70% vs. salary" commission mentioned in the contracts (I am really rueing signing those now).
It's funny that they're saying that because that original commission structure in the contracts made absolutely no sense (like Theresa couldn't even make it coherent over the phone) and they said they weren't going to use it and even emailed us telling us what the new commission structure would be and again went over it at length with us in training (the whole six percent, three percent deal). Bummer. Scumbags.
thanks. no response to my email yet. ima file the wage complaint and call tony. so now BTW's official position is that they aren't going to pay us commission? even if they're trying to get out of paying commission (which is bullshit), they still have to reimburse me for 2/3's of my flights and all of the DOT physical, because that IS in the contract, right? also, i have all of my DOT logs and ima file a complaint about the illegal work conditions regarding driving/working hours. -team mudma$k
Has anyone made any progress towards getting paid after filing a wage complaint form? Does anyone know if BTW is definitely going under? (per the space rental listing above)
I heard BTW is not going under. Stella and Theresa are both still working there. I talked to Stella the other day about sending in my application to work the fall. When I talked to her, it didn't seem like there wasn't going to be a fall run.
Hi guys, I am in touch with David Summa (Bureau of Labor Law Compliance ) who is taking care about our complaint on BTW.
In the last e-mail he asked me:
"You mention some US teams that did receive their commissions. Do you know for a fact that any team in the US got paid their commissions after they completed their runs? If you know of any could you supply me with information on how to get in touch with them or at least their names or team numbers?"
So now I need you to help me gather as much solid informations as possible on the teams which received their commissions. Name, team number and email of those guys will be highly appreciated and it might help us to make progress in the complaint.
I dunno, has anyone actually been paid for fall run? Nobody I know of.
It's heartening that labor law guy is investigating them, but at the same time, if BTW just lying about the commission stuff and have contracts to back it up, I don't know how state bureaucracy and legal stuff can handle it, even if it's obvious that they're lying/being shady.
There is NO MONEY So dont count on being paid. The buildings are for sale. Patrick is moving his company up north. BTW WILL eventually go under especially when they only have four employees. And fired their entire warehouse staff. Continue the fight for commission. DONT Believe anything you hear from the home office.
So Matt bought the company and he's screwing us all? If that's the case I'd be surprised, he didn't strike me as a dickwad when we worked together. So what the hells the deal? It's fuckin almost May, Jesus h christ.
Wow I can't believe Stella quit. I talked to the labor law guy and he said there is nothing he can do with the claims at this point so I guess we are screwed. I have Stella's cell phone number, should I call her and ask her if she knows anything? She might tell us now that she quit.
got an email today from david summa from PA dept of labor, wage complaint. he says we'll get paid in 6-8 weeks, after BTW "restructures". don't know if that's true, but i hope so. - team mud mas$k
stella didn't quit - just got a call from her last week about getting hired for fall run. She's on vacation this week and will be back in the office May 7th. I don't know nothing but that. I figured at least if I get hired in fall I'll just get my money while I'm there.
Potentially good news! After also receiving a letter saying the Wage Complaint case has been dropped because of our "independent contractor" status, I sent an email describing how we were not, by definition, independent contractors... and I just heard back that they will likely proceed with the claims afterall!!
ReplyDeleteBut the case worker wanted to know this: "When you got paid your salary, what was the companies name on the check and do you know who signed them?"
Anybody know the answer to this?? I responded to the case worker by saying that we never received physical paychecks, and that all of our salary was direct deposited into our accounts, perhaps by Theresa. If someone has more to add, please share!
Here is the email I sent to the case worker regarding our independent contractor status:
"I received your letter about having to drop the case because of the independent contractor technicality, which is a very unfortunate turn of events. I can't tell you how much we have appreciated your help thus far, but I want to clarify that nothing about the job with Beyond the Wall can be defined as an "Independent Contractor" position, regardless of the language used in our contract.
Quote from the IRS website: 'You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed. If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor..." (http://www.irs.gov/businesses/small/article/0,,id=179115,00.html)
Beyond the Wall, did, in fact, control nearly all aspects and details of the job and how they were preformed day-to-day--they provided the truck, all sales/promotional materials, and all computer and sales equipment; they dictated the costs of the merchandise sold and when to give discounts; they set up all contracts with the schools we were told to be at and then gave us a strict schedule for where to be and when; they determined how to set up the sale at each school and what time to begin and end each sale; they were in daily contact with us to check on our progress and handle any IT problems; they determined what time we needed to submit our accounting paperwork and make deposits; etc...
I sincerely hope this information changes the way we can proceed with this claim. Again, thank you so much for your help, and I hope to hear from you soon."
Also, I believe we have serious strength in numbers! I bet one reason why they are re-looking into the claim is because so many people filed Wage Complaint forms (I'm so glad to hear the Czechs are taking action as well!)... they really can't ignore such a large number of us unpaid employees.
DeleteIf anyone has more updates, please share! Has anyone actually reached Tony?
We have been paid by CLIVE CORPORATION (thats what it says on our PNC account)
ReplyDeleteis it the full commission amount?
DeleteHaven't been paid a dime!! When I asked Theresa about other teams getting paid, she was like, "no teams have been paid yet."
ReplyDeleteoh i didn't realize everyone else was actually doing something about this. heh. how do we go about filing a wage complaint as well?
ReplyDeleteThat's not true that no teams have been paid yet! The teams that went on the spring run did get paid!!!
ReplyDeleteAll Czechs filled out complaints and have been contacted by guy named David J. Summa from Bureau of Labor Law Compliance. But since then nothing happend. Any news?
ReplyDeleteGod this is awful.
ReplyDeletecan someone post details about how to file a wage complaint and maybe copy some of the key points you made? this sucks. i just emailed BTW again, since they said they'd "review" our commissions early to mid-March. i'll fill yall in if there's any news. -team mudma$k
Deletehttp://www.portal.state.pa.us/portal/server.pt?open=514&objID=622638&mode=2
DeleteIs the wage complaint form. It's pretty straightforward. Please fill one out, it just takes a few minutes. The more pressure the better, because BTW is actively being investigated and it seems much harder to ignore if tons of people are filling out complaints.
A little bird told me that BTW is trying to claim that they don't owe any commission at all because of the original "70% vs. salary" commission mentioned in the contracts (I am really rueing signing those now).
It's funny that they're saying that because that original commission structure in the contracts made absolutely no sense (like Theresa couldn't even make it coherent over the phone) and they said they weren't going to use it and even emailed us telling us what the new commission structure would be and again went over it at length with us in training (the whole six percent, three percent deal). Bummer. Scumbags.
thanks. no response to my email yet. ima file the wage complaint and call tony. so now BTW's official position is that they aren't going to pay us commission? even if they're trying to get out of paying commission (which is bullshit), they still have to reimburse me for 2/3's of my flights and all of the DOT physical, because that IS in the contract, right? also, i have all of my DOT logs and ima file a complaint about the illegal work conditions regarding driving/working hours. -team mudma$k
ReplyDeleteHas anyone made any progress towards getting paid after filing a wage complaint form? Does anyone know if BTW is definitely going under? (per the space rental listing above)
ReplyDeleteI heard BTW is not going under. Stella and Theresa are both still working there. I talked to Stella the other day about sending in my application to work the fall. When I talked to her, it didn't seem like there wasn't going to be a fall run.
ReplyDeleteHi guys,
ReplyDeleteI am in touch with David Summa (Bureau of Labor Law Compliance ) who is taking care about our complaint on BTW.
In the last e-mail he asked me:
"You mention some US teams that did receive their commissions. Do you know for a fact that any team in the US got paid their commissions after they completed their runs? If you know of any could you supply me with information on how to get in touch with them or at least their names or team numbers?"
So now I need you to help me gather as much solid informations as possible on the teams which received their commissions. Name, team number and email of those guys will be highly appreciated and it might help us to make progress in the complaint.
Thank you,
M.
I dunno, has anyone actually been paid for fall run? Nobody I know of.
ReplyDeleteIt's heartening that labor law guy is investigating them, but at the same time, if BTW just lying about the commission stuff and have contracts to back it up, I don't know how state bureaucracy and legal stuff can handle it, even if it's obvious that they're lying/being shady.
:)
ReplyDeleteThere is NO MONEY So dont count on being paid. The buildings are for sale. Patrick is moving his company up north. BTW WILL eventually go under especially when they only have four employees. And fired their entire warehouse staff.
ReplyDeleteContinue the fight for commission. DONT Believe anything you hear from the home office.
Stella isn't with the company anymore. Who do we call now to get try and get paid?
ReplyDeleteMatt Reinke bought the company!!! It's actually moving SOUTH not north!
ReplyDeleteWTF?!?!?
DeleteNo way! But that would explain why Stella got fired!
ReplyDeleteStella didn't get fired she quit and Matt didn't buy the company. Where are you people getting your information?
ReplyDeleteOh that's disappointing...
ReplyDeleteHow do you know this???
ReplyDeleteSo Matt bought the company and he's screwing us all? If that's the case I'd be surprised, he didn't strike me as a dickwad when we worked together. So what the hells the deal? It's fuckin almost May, Jesus h christ.
ReplyDeleteWow I can't believe Stella quit. I talked to the labor law guy and he said there is nothing he can do with the claims at this point so I guess we are screwed. I have Stella's cell phone number, should I call her and ask her if she knows anything? She might tell us now that she quit.
ReplyDeletecall her, ask her and let us know
ReplyDeleteTeam 6 hasn't been paid anything.
ReplyDeletegot an email today from david summa from PA dept of labor, wage complaint. he says we'll get paid in 6-8 weeks, after BTW "restructures". don't know if that's true, but i hope so. - team mud mas$k
Deletedo you have any insight if like ALL of us will get repaid, or no?
Deletestella didn't quit - just got a call from her last week about getting hired for fall run. She's on vacation this week and will be back in the office May 7th. I don't know nothing but that. I figured at least if I get hired in fall I'll just get my money while I'm there.
ReplyDeleteYou guys are all insane.
ReplyDelete