What to do if my boss give me both a w2 and a 1099?

He pays less than minimum wage but pays me cash. Violates all of the OSHA laws. Can I built a case out of this?

Asked on November 15, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are not paid minimum wage, then you would have a claim: an employee must be paid at least minimum wage, plus overtime as applicable (that is, when a non-exempt employee, as you appear to be, works more than 40 hours in a week). You could contact your state's Department of Labor and/or speak with a private attorney about filing a compliant or lawsuit. Bear in mind that if you have not been paying your proper taxes on the money you were paid in cash, you have violated the tax laws and could face some liability of your own; an attorney can help you understand how best to deal with that.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.