Is it illegal for an employer to pay less than minimum wage if they are paying under the table?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it illegal for an employer to pay less than minimum wage if they are paying under the table?

My husband worked 9 hours a day, 5 days a week at a tire shop and was paid

everyday in cash 60. I tried doing the math, and that is a little over$ 6.25 hour. His lunch break was less than 30 minutes and sometimes the boss made him and his coworkers work through their lunch break. I’d like to know is it illegal to pay less than minimum wage and what is the minimum time for a lunch break? Is it illegal to have your employees work through their lunch break?

Asked on September 8, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) Your state does not require employees to get any lunch breaks; it's up to the employer whether to grant time for lunch or not.
2) Hourly employees must be paid for ALL time worked, including time that is theoretically "at lunch"--if they're working, it is work time, and is therefore compensible.
3) There is no exception to minimum wage for paying in cash or under the table. 
4) If your husband works 9 hours/day, 5 days/week, his working 45 hours per week and must be paid overtime (time and a half) for 5 yours per week.
So, your husband is earning $300/week, when in fact he should be paid 40 hours per week at $7.25/hour, or $290, and another 5 hours each week at $10.87 per hour, or another $54.35--he should be paid $344.35 or so per week, and is being shortchanged by at least $44/week. He could file a wage and hour complaint with the state or federal department of labor to get back wages and overtime for up to the last 2 years of work under this arrangement.


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 lock Secured with SHA-256 Encryption