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Old 12-25-2004, 10:08 PM
fijifranny fijifranny is offline
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Default overtime for cash paid job? CA

I took a job for the holiday season,which I recently got fired from,cause of a break in.The employees were blamed and fired,but there was no proof at all.Anyway,when I took the job the manager told me that she will pay $7 an hour...CASH. I took the job and ended up working 63 and 59 hours the last 2 weeks I was there. I know in California you are supposed to get overtime pay after 40 hours,but does this law apply to cash-in-hand jobs,which are as far as I know not legal? Isn't everyone protected,though?
I didn't really care ,because I was making money and got lots of hours,but since they wanted to blame me for the "break-in" and badmouthed me in the intire mall I want to see what I can get out of them.
advice?
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Old 12-26-2004, 04:21 AM
LConnell LConnell is offline
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Default Pay

In the case of an involuntary termination in California, your employer must pay you on the last day you worked. You should file a claim right away. (Note: the majority of states do not require immediate payment. Let me know if you are in a state other than California.)

Also, as far as the cash-in-hand is concerned, it may or may not be illegal. It is okay to pay in cash, as long as the proper records were kept and taxes were handled appropriately. The state can make the determination after you file your wage claim.

If your employer is found to willfully violate the statutes requiring immediate pay upon termination, he/she can be required to pay a penalty to you. This is true even if they feel that you owed them money. In California, employers cannot withhold for such debts.

Good luck.
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