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hrs owed and stopped paying O/T New York

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  • hrs owed and stopped paying O/T New York

    i work for a painting company. After 40hrs a week a was getting payed time and a half. the last few checks that i have been getting. i have been getting 40hrs on the books and the rest just cash. is that legal to do? even though they tax me time in half im still lossing money when i get paid cash. Another thing boss owes me 64hrs and has not paid me it for about 4months now. i tell him and every time i get paid theres a note along with my check that says still owes 64hrs. could i go to department of labor and get that and put it as 40hrs/24ot? and am i entitle to all the extra hrs ot i work that got just got straight pay for? Am i able to file a claim even though im still working there with out telling him im filing? if he fires me for this am i able to take him sue him?

  • #2
    It is not illegal on its face to pay you in cash. The illegal part is not deducting the required taxes and reporting the applicable wages.

    Can you explain this statement? I don't understand what you're trying to say.
    even though they tax me time in half im still lossing money when i get paid cash.
    Regarding the 64 hours unpaid, did you work all those hours in a single workweek?

    Are you saying that you never receive time and a half for the hours you work over 40 in a workweek? Only straight time?

    Yes, you can file a wage claim with the state Dept. of Labor, but not anonymously. The state can't question the employer about the nonpayment if they don't know who you are. Theoretically, if you are fired because you filed the claim, you do possibly have legal recourse. It would be a civil suit for wrongful termination, you would need an attorney (which means paying one) and it most likely wouldn't be resolved quickly.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Can you explain this statement? I don't understand what you're trying to say.


      even though they tax me time in half im still lossing money when i get paid cash.


      what i meant was when he was paying my time and a half it was in 1 check along with my 40hrs and then taxes get taking out. but now lets say i work 45hrs my check is 40hrs and then 5hrs cash reglar hourly rate. im losing out in alot of money that way. Example u make $15/hr u work 50 hrs thats $225 ot for ten hrs. instead i would get $150cash. now if it was on the books i cant see them taking $75 for taxes. i work about 50hrs a week. thats $300/month im losing out in by not paying me time and a half.

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      • #4
        If I understand what is being said your employer is paying you (by check) for the first 40 hours worked.

        The your employer is paying you cash (at your hourly rate, not OT) for any and all hours above and beyong 40...

        If this is the case, it is illegal and you need to file a wage claim with the DOL.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          It is the not withholding of taxes and the not paying the premium portion of overtime that are the violations, not the paying in cash per se.

          File a complaint with the state Dept. of Labor as previously advised.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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