My Boss asked me to Work Overtime But Wants to Pay Me Cash after 8 Hours, and only at my Normal Hourly Rate, I

Question

He wants me to Work 8 Hours at $10.00 an Hour and 2 hours Overtime everyday for $10 an Hour Cash and on Saturday for $10 an Hour Cash

Answer 1

it's illegal and happens all the time. Many employers take advantage of employees who need the job so badly they will not refuse. If you're that employee you need to think carefully. You could go to the labor board with this but, think that through carefully as well.

Uhh...I'll stop here because I see now you really didn't ask a question.

Answer 2

Ignore the bonehead that says this is legal. Its not.

You have options for what to do. You can complain about it now, insist on being paid correctly, be unlawfully terminated (possibly), and sue over that. Or you can take what he's offering. Keep very good records. And sue him down the road for what he didn't pay you. Then he'll owe you twice what he did not pay you at the time, plus attorneys fees and all the employer contributions he's trying to get out of paying. Of course you may owe a bit too, for the withholding that was not taken.

I'd really recommend going the the latter course. It's most secure. I'd tell him I'd prefer to be paid correctly, but if he brushes you off, let it go. Keep your records, look for a new job, and when you have found something that suits you, see an attorney about collecting what was not paid. (And be sure to pay taxes on the overtime income even though its not on your W-2; the IRS can tell you how).

From the day you (or your attorney) files in court, you can go back two years (sometimes three) to collect unpaid overtime. So, assuming this is just starting up; you've got time.

Answer 3

There are some situations in which overtime pay is not required, such as if the business is family-owned or seasonal. In those situations, however, straight-time hourly pay is still required for hours over 40. If the company does not qualify for an exception, it may be breaking labor laws and wage and hour laws by not paying time and half overtime pay for hours above 40. Without having seen the agreement that the employees signed, it's difficult to know what weight it would have, but it probably is meaningless and doesn't do anything to relieve the employer of its need to pay overtime. The employer could be facing government fines and it may owe backpay to employees who have worked over 40 hours per week. If I were the employee, I'd get a lawyer and try to get paid for my work. If I were the employer, I'd get a lawyer and try to find a way to save myself from lots of legal trouble.

Answer 4

Treat this as a temprorary job, because that's how he's treating you. If you personally want the money/need the money, then do it, but you should start looking at your other options for the mid and/or long term. It will not be worth it to report him, and honestly, it's not like he's trying not to pay you. Besides, you won't be too far off the bottom line, considering no taxes come out, etc.

You obviuously do good work, otherwsie he wouldn't have even asked. The good reference, perserving a business contact, and keeping an open path is worth more than anything you would get from legal avenues. Just suirrel it away in your mind....If he fires you because of refusing to work for example (not likely), then you fight fire with a legal whooping, but not until that point.

Answer 5

If you have already worked 40 hours for the week, before you start this extra shift, you MUST be paid at time and a half.

If you have NOT worked 40 hours for the week, then he legally can pay you at standard rates, until the 40 hours is reached.

But paying you in cash means he doesnt need to pay taxes, and there is no record, and you probably wont get a pay stub.

So everything he's doing is illegal anyway.

Answer 6

It's illegal for him to have you work overtime and not pay you time and a half, assuming that your job is covered for being paid overtime, and almost all jobs are, especially $10 an hour jobs.

If you are an employee, it's also illegal for him to pay you cash for part of your hours.

This guy is a real sleaze, breaking laws right and left. I'd consider looking for a job for someone more honest and legal.

Answer 7

By paying you cash, he is also avoiding paying your payroll taxes. (Also illegal, big time.) It may not sound important now, but the more money you make, the more money you will make from social security when you retire.
Tell him, that this is wrong and you will not participate in an illegal activity. He can pay you time and a half or he can hire another employee. He cannot fire you for refusing to work overtime for cash payments.

Answer 8

This is legal if you agree to the terms.This is called contract labor and is legal as long as you report anything over 600 per year.Your employer can issue a 1099 tax form for all money at the end of the year.I wouldnt question anything but the 1099 to the boss.If he is questioned by the labor board all he has to do is make you pay taxes on the money you have earned.I make similar arrangements with my employees and it is called contract labor

Answer 9

It depends whether you desperately need the money and the extra money you earned overtime is worthwhile for the extra hours you put in.

Answer 10

It is time to start looking elsewhere; Your employer is dishonest.