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no pay for work done off the books

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  • no pay for work done off the books

    This may sound like a silly question because I am almost 100% sure that I already know the answer but I thought I would ask anyway. I was having a conversation with a friend who has not been paid for work he did off the books. He is obviously very upset and in need of this money. He asked me if it was possible to put a lien on his "employer's" home so that he cannot sell it unless he pays my friend for the work he's done.

    I told him that it was impossible to do this because he has no proof that he was "hired" to work for this man. In addition since it is illegal to work without paying taxes he could get in trouble and wind-up having to pay back taxes.

    Nevertheless, I would like to know if illegal immigrants who have worked in sweatshops right here in NYC have been compensated for unpaid work although they have not paid taxes on earnings.

    Although these seem like two totally different issues I would to know if there is a way for people to collect their money although they have not worked legally in New York State.

    I'd appreciate any insight anyone can offer.

    -L

  • #2
    Work off of the Books

    Employers are required to report all work...working "off" the books is not a legal practice.

    Your friend could file a claim against his employer with the wage and hour department of your state or with the federal government. The government agencies will ask for information pertaining to the work, such as when it was performed, what work was performed and if there is proof that the work was performed.

    Of course, knowledge of the work and the wages due will let the government know that your friend is working in an illegal status. If he does not want to be discovered, filing a claim with the government will not assist him.

    Let me know if you have any questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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