EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 You are telling me three dollars per hour is sufficient in NYC? Perfect example of the level of delusion we are dealing with. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 $3 per hour of disposable income gets u through yale just fine. And thats in nyc. u must have a rich dad or not know what an avg students disposable income is Sent from my GT-S5830D using Tapatalk 2 Link to comment Share on other sites More sharing options...
seedhi Posted January 17, 2014 Share Posted January 17, 2014 You are telling me three dollars per hour is sufficient in NYC? Perfect example of the level of delusion we are dealing with.With free food, home, clothing, medicine, health insurance, etc yes $3/hr is sufficient to survive in NYC. Of course it wont be anywhere near lavish, it will be liveable but spartan. On the other hand, the claim by Devyani's side is that the maid was indeed paid the minimum wage after accounting for the Rs 30,000 paid to her family in India. Link to comment Share on other sites More sharing options...
EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 I guess you can save some more cash by eating grass everyday. Free and in plentiful supply Link to comment Share on other sites More sharing options...
randomGuy Posted January 17, 2014 Share Posted January 17, 2014 The maid was provided free food, home, clothing, medicine, health insurance, entertainment etc - practically all expenses were met. Further, it is only a claim by the maid that she was not paid minimum wage. Let us not take it as the truth. The free stuff plus $600 was fine if she didn't have - a well to do american husband, - two little children who require a considerable amount of looking after - if she had come back to india on warnings of an imminent action from as early as sept. But she dint, because of her american family. instead, she got indian courts to pass orders which are inapplicable in the US Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 I guess you can save some more cash by eating grass everyday. Free and in plentiful supply Nobody said she was eating grass. Her food, housing, clothing and medical expenses were paid for. That means whatever she was paid, even if its 3 bucks an hour, is purely 'fun money', ie, disposable income. That is definitely more than necessary to survive on. As i said, you must either come from a rich pampered background or not know the simple fact that 90% of north american university students dont have $25 a day to spend on whatever they wish for. Her 'real salary' was in the $1500-$2000 range, if you consider the fact that rent ( which is atleast $500 for a single room in NYC), food ( another $200), clothing ($50) and medical insurance ($200) were all paid for. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 The free stuff plus $600 was fine if she didn't have - a well to do american husband, - two little children who require a considerable amount of looking after - if she had come back to india on warnings of an imminent action from as early as sept. But she dint, because of her american family. instead, she got indian courts to pass orders which are inapplicable in the US So because my household income is high, i must pay you more ? Are you willing to take a paycut then if my spouse gets laid off and my household income plumets ? Link to comment Share on other sites More sharing options...
EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 If all amenities are covered, why pay her three dollars? Pay thirty cents instead. Still fun money, right? :bird: Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 If all amenities are covered' date=' why pay her three dollars? Pay thirty cents instead. Still fun money, right? :bird:[/quote'] Because she agreed to work for $3 of fun money with all expenses covered, she perhaps didnt agree to a lower rate. Once your basic expeneses such as housing, clothing, food and medicine are paid for, anything else *IS* classified as disposable income. I suggest you google the term disposable income because it basically boils down to 'money i can spend how i want, not money that must pay for something i need', ie, fun money. Link to comment Share on other sites More sharing options...
EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 Errr, No. She was supposed to be paid ten dollars per hour. That crooked diplomat fudged the numbers, lied on the forms and paid her a lot less than what she was entitled to. What part of that simple logic do you not understand? Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 Errr, No. She was supposed to be paid ten dollars per hour. That crooked diplomat fudged the numbers, lied on the forms and paid her a lot less than what she was entitled to. What part of that simple logic do you not understand? You are supposed to be paid $10 per hour IF you also pay for your own food, lodging and clothing. If those things are paid for, the employer can claim them as things he/she is paying for and reach $10 per hour quite easily. Devyani could've paid her maid $10 per hour, immediately deducted 500 bucks for rent, 200 bucks for food( a service she paid for), 50 bucks for clothing, 200 bucks for medicare and handed over the rest 500-600 bucks. That would've been perfectly valid legally but the end result would've been the same. The minimum wage law assumes that the employer is not paying for your basic needs. And if they are, the employer is entitled to deduct it from your paycheque. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 FYI, even in the US, logging camps and fruit farms & vinyards end up paying their employees $400 to $700 monthly. This is perfectly legal, if your contract says that you must live on site but your food & lodging are NOT included as perks. If you get such a job, you will see the employer paying you $1600 per month, then deducting between $800 to $1000 for food and accomodation before depositing your money in your account,it will even say so on your paystub. Perfectly legal. The only thing Devyani did wrong, is not show official record of these deductions from her maid's salary. Devyani is guilty of semantics, nothing more. Link to comment Share on other sites More sharing options...
Crookbond Posted January 17, 2014 Share Posted January 17, 2014 The employment contract for the A-3 visa application form clearly states that deductions shall not be taken for lodging, medical care, medical insurance, travel or meals. Therefore, the amount mentioned on the A3-visa has to be paid in full. Also, good luck explaining to the judge that 4000 of the 4500 (that is a whopping 88%) were for "amenities". Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 The employment contract for the A-3 visa application form clearly states that deductions shall not be taken for lodging' date=' medical care, medical insurance, travel or meals. Therefore, the amount mentioned on the A3-visa has to be paid in full. Also, good luck explaining to the judge that 4000 of the 4500 (that is a whopping 88%) were for "amenities".[/quote'] So basically she filed the wrong paperwork. As i said, i don't see a problem with this. There are plenty of seasonal farm workers in the US who are NOT illegal immigrants that end up being paid $500-$800 a month after the employer deducts food and lodging. This case is really no different. Link to comment Share on other sites More sharing options...
Crookbond Posted January 17, 2014 Share Posted January 17, 2014 So basically she filed the wrong paperwork. As i said, i don't see a problem with this. There are plenty of seasonal farm workers in the US who are NOT illegal immigrants that end up being paid $500-$800 a month after the employer deducts food and lodging. This case is really no different. You can't come to such a statement so decisively by relying on words. That line of argument doesn't work in court - Galti se mistake ho gaya.. It is not a case of how much Richards was paid; it is rather a case of how much Richards told she would be paid but didn't receive it. That is classified as visa fraud. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 You can't come to such a statement so decisively by relying on words. That line of argument doesn't work in court - Galti se mistake ho gaya.. I didnt say it excuses her but filing the wrong paperwork is not the same crime(neither does it carry the same penalty) as violating the contract of said paperwork. if you file your tax papers wrong and claim so, the government fines you, they do not hold you on felony charges for lying under oath (which is what tax fraud is, since signing on the dotted line is a solemn vow of declaring the true assets of a person). If Richards was told that she would be paid $1500 a month but not told that her rent, meal & healthcare plan is free, she cannot just assume that her employer will foot the bill free of charge. Link to comment Share on other sites More sharing options...
Crookbond Posted January 17, 2014 Share Posted January 17, 2014 I didnt say it excuses her but filing the wrong paperwork is not the same crime(neither does it carry the same penalty) as violating the contract of said paperwork. if you file your tax papers wrong and claim so, the government fines you, they do not hold you on felony charges for lying under oath (which is what tax fraud is, since signing on the dotted line is a solemn vow of declaring the true assets of a person). If Richards was told that she would be paid $1500 a month but not told that her rent, meal & healthcare plan is free, she cannot just assume that her employer will foot the bill free of charge. You need to conclusively prove that you have filed the wrong paper work. You can't make such a statement so casually. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 You need to conclusively prove that you have filed the wrong paper work. You can't make such a statement so casually. Erm, yes you can. As i said, when you mis-file for taxes, you don't need to prove how, what or why, its a matter of paying a simple fine. The claim that you filed the wrong paperwork is taken at prima facie value by the government in all cases, except when your paperwork is filed by a qualified person on your behalf. Ie, you can claim you filled in the wrong tax section and pay a fine if you did it yourself. You cannot do so if you filed it through a certified tax expert. You can easily claim you filed the wrong section in immigration paperwork. Unless your paperwork was notarized by an immigration lawyer. Then it assumes that negligence or incompetence is not an issue and only then the onus is on you to prove you are innocent. Otherwise, it is ALWAYS 'sorry, i filed the wrong paperwork, now i gotto pay a fine'. Not criminal charges. Link to comment Share on other sites More sharing options...
EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 So the whole fraud was premeditated than. She knowingly and wilfully provided the wrong information at the time of the filing of the form when the paperwork clearly stated that deductions didn't count. That also explains why she got the maid to sign another contact in secret. Clearly the ***** is guilty. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 So the whole fraud was premeditated than. She knowingly and wilfully provided the wrong information at the time of the filing of the form when the paperwork clearly stated that deductions didn't count. That also explains why she got the maid to sign another contact in secret. Clearly the ***** is guilty. You have to prove that it was premeditated instead of filing the wrong paperwork. As i said, you are entitled to deduct rent and food from a US citizen's paycheque if the job specifies you must live on site and these are not perks. Link to comment Share on other sites More sharing options...
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