Does W2 need to minimum wage?

T

tightwait

Registered Users (C)
Hi there,
If the minimum salary requirement for my Labor were to be 75K and if I were to be on unpaid leave or be out of a job for some time as a result of which my W2 will not reflect the minimum salary but would reflect 70K instead, then would I be in trouble? The payrate on my paystub reflects the correct pay rate required to make 75K (in fact it is much more), but the W2 will not reflect that since I lost some pay cycles.
Would it cause me problems since my W2 is not showing the minimum labor requirements for wages but then my pay rate is meeting the requirements for the minimum salary?
Please respond urgently.
Regards,
TightWait
 
No my question is more like???

Actually, I guess your answer is for the RFE where you have to prove that your company is financially viable or not. But my question is if I claim per diem since I have a home in one city and work in another and per diem is some sort of expense that doesnt get reported on the W2 so my annual income shows up as less than 75K which is my minimum requirement as per labor but in actuality it is much more then is there a problem?
Please let me know.
Regards,
TW...
 
Yeah per diem isnt taxable

Thanks UN,
Yeah I know for a fact that per diem isnt taxable so I guess it wouldnt show up on my W2 and hence if I claim max per diem then my taxable income would go down and then I would probably be in violation of the minimum labor salary requirement. The reason I thought of per diem is I had bought a house in February of this year and my job was outsourced to India so I had to leave and I wasnt getting any job in the same city and so had to go to another state, so I have to pay double mortgage + apartment rent, so per diem would have saved me some money but I guess that options not possible.
:(
Regards,
TW
 
Per diem

Hi UN,
Actually the per diem is a Federal facility offered for those in situations similar to mine wherein they are given a year of per diem they can use if they are occupying two houses.
This is non taxable income so if my salary were say 45$/hr then I could take 15$/hr as per diem so only 30$/hr would be taxable. Of course the per diem amount ie. 15$/hr varies per city and per county so if I were in Milwaukee, Wisconsin my per diem would be 1 amount and if I was in Atlanta, GA it would be another amount. But you are allowed by law to claim the maximum allowable per diem for your location for a period of 1 year.
On the paystub, the per diem doesnt count toward your salary and is just listed under per diem and there is no tax against it as well.
So as per the above, my W2 would show me as having an annual taxable income of only $30/hr and the 15$/hr would not show up as taxable income, it would have to be filed under itemized deductions in the W2.
I am not using AC21 to switch to the new employer.
So, if I use the per diem I wouldnt be showing the income that I am making since the per diem would show up seperately on the pay stub and the rate would be the lower rate w/o the per diem.
Regards,
TightWait
 
Per diem is offered by employer

And to answer your question, the perdiem is offered by the employer.
Regards
 
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