Paid in Cash: Overtime Law

Attorney Richard Celler

 

One of the biggest misconceptions in wage and hour law deals with the payment of cash by an employer to an employee.  It is important for employees to know that being paid in cash does not prevent them from being able to pursue a claim for overtime or minimum wage violations.

Employees who are paid in cash still have the right to file a claim and recover compensation against the employer if the employer failed to pay the employee time-and-one-half overtime for hours worked in excess of 40 in a workweek or less than the current federal minimum wage.  Also, if your employer fails to pay your FICA or federal employment taxes to the government, you may have a claim to recover that amount of money as well.

 

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