My previous boss was paying me 4.00 per hour under the table, sometimes he would pay me an extra 20 on top of that occasionally. I have everything written down and the dates he paid me what ended up averaging to be aroud 6.00 per hour.

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My previous boss was paying me 4.00 per hour under the table, sometimes he would pay me an extra 20 on top of that occasionally. I have everything written down and the dates he paid me what ended up averaging to be aroud 6.00 per hour.

From March of this year up until Sept 18th I was being paid under the table, making approximately 6.00 per hour. I have all of the pay dates in writing. When I asked this man to put me on the payroll he refused with several excuses every time.All I have is my hours worked and pay dates all written down. Can anything be resolved with this matter?

Asked on September 22, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You must be paid at least minimum wage, which you have not been: you therefore could contact your state department of labor and bring a wage and hour complaint or sue your employer (e.g. in small claims court, as your own attorney or "pro se") for the money. You could get the different between what you did receive and what you should have received, had you been paid minimum.
Of course, as you undoubtedly know, there is NO right to be paid "under the table": you have to report wages as taxes and may owe taxes on your wages (depending on overall how much you earned in total, from all sources, during this time period). If you elect to take action against him for underpaying you under the table, bear in mind that if you do not report your wages for tax purposes (and certain other purposes: e.g. if you receive a housing subsidy; or for Medicaid eligibilty, for example), you have been violating the law, too.


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