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One of the biggest misconceptions in wage and hour law deals with the payment of cash by an employer to an employee. It is important for employees to know that being paid in cash does not prevent them from being able to pursue a claim for overtime or minimum wage violations. Employees who are paid in cash still have the right to file a claim and recover compensation against the employer if the employer failed to pay the employee time and one half (overtime) for hours worked in excess of forty in a work week or less than the current federal minimum wage. Also, if your employer fails to pay your FICA, or federal employment taxes to the government, you may have a claim to recover that amount of money as well.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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