I am a "off the books" employee. Can my employer make me work weekends?

Asked over 2 years ago - Lake Ronkonkoma, NY

Our crew agreed to work Saturday, but let our boss know everyone had plans on Saturday night and could not work Sunday. They told us if you don't work Sunday, then you don't work Saturdays Is this illegal?

Attorney answers (4)

  1. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Best Answer
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    Answered . First of all, being an off the books employee is illegal. That said, an employer is free to set the hours and days upon which you work so long as he compensates you appropriately. Depending on the work you perform, who you perform it for, and the compensation paid, you may have a claim against your employer. For example, if you pave roads for a municipality, you'd have to be paid on the books and at a certain rate. Feel free to email me with more details, and I'll try to provide a more complete answer.

  2. Richard C. Southard

    Contributor Level 19


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    Answered . It is illegal to have employees working for you that are not "on the books". It is also illegal for you to not pay taxes even if you are employed "off the books"

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  3. Suzanne Alexandra Ascher

    Contributor Level 8


    Lawyers agree

    Answered . In addition to the question you raised, I would ask that you consider another issue: whether you are indeed an "employee" or an "independent contractor"?

    There are facts and circumstances which should be reviewed concerning your situation to accurately define the whether or not this relationship with the person referred to as your boss is actually an employer or not. You may in fact be an employee; however, maybe not and instead an independent contractor. The distinction is very important because the proper classification of you as an employee or independent contractor can impact not only rights that you may have under employment law, but also can impact the tax treatment of all parties involved, for example, income tax and social security/medicare taxes.

    Good luck with your situation, and please consider consulting directly with an attorney concerning your situation for both employment law issues and tax law issues. Also, the www.irs.gov website contains helpful information.

    All best,

    Suzanne Alexandra Ascher, Esq., CPA, Tax LL.M.

    Legal disclaimer by Suzanne Alexandra Ascher, Esq: My answer is strictly for information and education purposes... more
  4. Vincent Peter White

    Contributor Level 18

    Answered . Your arrangement is outside the law, you may wish to consider reporting your employer to the department of labor.

    This answer is provided as a public service and as a general response to a general question, it is not meant, and... more

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