Skip to main content

I'm employed as a driver, and roofer mechanic helper in NY. My employer (owners company) is incorporated. I am paid cash and

Somers, NY |

Work about 50 hours a week average including Saturday..However I have not been getting overtime pay (Time and half anything over 40 hour work week) I did not mention to my employer/boss because I figured that I am not entitled to overtime pay since I am paid in cash only. Every Saturday I recieve pay in cash. Should I mention to my employer about overtime pay I am owed? If I ask him should he be required to pay me the overtime he owes me since I worked there? I have been there about 4 months, or since May. Can he either deny me the pay and OR dismiss me from my job just because I mention it? If I am let go, can I sue him? Shouldnt he either know or have reason to know that he has to pay his employess overtime pay regardless of being paid in cash or check? Thank you

Attorney Answers 3


You are entitled to overtime pay.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Mark as helpful

4 lawyers agree


1. You are entitled to overtime pay under the FLSA law...fair labor standards act ....however, if you are taking cash as wages and nio reporting same as taxable compensation on yourbincome tax return then you are opening yourself up to major tax issues because you have not filed tax returns and reported said compensation received...federal and New York level.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

Mark as helpful

4 lawyers agree


Stay quiet and count your blessings you are employed.

Good luck.

Mark as helpful

2 lawyers agree

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics