Comment Re: Local testing works? (Score 1) 778
The only exception to the rule is the IRS and audits, so you were just unlucky with what you chose to extrapolate from, I guess.
Showing you proof that I paid an illegal immigrant $10/hr, would prove two things: (1) I did not violate min wage laws, (2) I violated employment laws by knowingly employing an illegal immigrant. Therefore, being forced to show this document would incriminate myself, even though it absolves me from your charge.
> In other words, the employer is not guilty just because someone claims they were working for them and they had no records of payment. There's still the need to prove that the employer was in on the deal.
All that suggests is that I employed an illegal. It doesn't say anything about what I paid them. Just because I cannot prove I paid them more than min wage does not get me into trouble for violating min wage laws. I do not understand why you think the absence of evidence is evidence of wrongdoing. That is only the case if evidence is destroyed by the person it's assumed to incriminate (e.g., if Lois Lerner destroyed her hard drive, it can be assumed its contents were bad for her), and even then the judge has to give that direction. Otherwise, juries are explicitly told they cannot view absence of evidence as negative.