Can my employer refuse me overtime because I want it on my check and not in cash?
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Can my employer refuse me overtime because I want it on my check and not in cash?
They want to pay me less than my hourly wage in cash to work overtime. I told them I wanted time and half on books and now they will not work me overtime, but work others with less senority.(they take the cash). What can I do?
Asked on June 22, 2009 under Employment Labor Law, Michigan
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
What your employer is doing sounds like it may well be against the law -- several laws, in fact. I'm not a Michigan lawyer, but my research suggests that, unlike a number of states, your employer is governed by a tougher wage and hour law than that enacted by the federal government; there's a good chance that not paying time-and-a-half for overtime is a violation of that law. If the overtime is being paid "off the books," the company is violating the U.S. Internal Revenue Code, and quite possible state law as well for that.
I would very strongly advise you to discuss this situation with an attorney in your area, who will be familiar with your state's wage and hour law, and with whatever protection the law can provide you, against retaliation for reporting any or all of this to the authorities. One place to find a lawyer is our website, http://attorneypages.com
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