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


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.

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