Can my employer refuse me overtime because I want it on my check and not in cash?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 12 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


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption