Employment, wrongful termination, overtime wage owed questions: Employed by roofing company

My employer/owner of company told a foreman that if I didn't work this past Saturday I would be let go/dismissed.. However, my employer has paid me in cash the past 3 months that I have been employed . I average about 50 hours a week , or more than 40, at least..,Which means I had worked overtime hours for most of the months I been working for his company. (Mon-Saturday workweek) I had no knowledge that if my employer pays in cash that a worker(s) are still entitled overtime pay..Although I didn't know or mention it to him..Should he, as my employer have known? And if he dismisses me should I confront and tell him he owes me overtime pay, time 1/2, for all weeks I worked there? If he denies me the pay for whatever reason..Should I tell him I will retain lawyer to recoup my money owed?

Ossining, NY -

Attorney Answers (4)

Vincent Peter White

Vincent Peter White

Employment / Labor Attorney - Jackson Heights, NY
Answered

It sounds to me like you are likely due some overtime, but the only way to know for sure would be to arrange a free consultation with an experienced employment attorney. Bring she or he any schedules, time sheets or records you have of the hours you worked.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
Thomas A. Ricotta

Thomas A. Ricotta

Employment / Labor Attorney - Jackson Heights, NY
Answered

Just because you are paid in cash, that does not meet you are not entitled to overtime pay. You are and you should consider retaining an attorney to approach your employer on that issue.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
Darrel S Jackson

Darrel S Jackson

Employment / Labor Attorney - Scottsdale, AZ
Answered

If you have a valid overtime claim, then you could recover the amount of the unpaid overtime, plus an equal amount as liquidated damages. Also, if you prevail on a federal overtime claim, the employer would have to pay your attorneys' fees. I suggest that you consult in person with an employment attorney to get a careful evaluation. Good luck.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to... more
Jim Wade Vogele

Jim Wade Vogele

Employment / Labor Attorney - Portland, OR
Answered

As previous answers have indicated, it appears likely that you have a claim for unpaid overtime compensation and you should consult an employment attorney about this matter. I would also clarify that the duty to keep accurate records of hours worked by employees is on the employer. Under the long-standing precedent of the U.S. Supreme Court decision in Anderson v. Mt. Clemens Pottery, employees are entitled to recover wages for the hours they have worked where they are able to establish these hours as a matter just and reasonable inference. This case has been consistently interpreted and applied to mean that an employee need not have written records or timesheets in order to recover overtime compensation. If a lawsuit were required, you would be able to recreate your hours worked based on your best estimate, recollection and testimony. Of course you should retain any records that you may have, but you do not need written records to file a claim for overtime compensation. Good luck.

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