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My employer paid me half cash and half taxable check is that illegal

Sarasota, FL |

they dont give me breaks or overtime i just want to know if this is wrong?

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Attorney answers 2


Not required to give you breaks. They are required to pay overtime if you work over 40 hours is a week. If they are paying half cash they are probably not paying federal and state payroll taxes which is also illegal. You might want to report them to the U.S. Department of Labor or go to a wage and hour lawyer. Feel free to contact my office if you wish. You can also check our our employee rights blog at


Generally, an employer is not required to provide breaks. As for overtime, it depends on whether you are properly an non-exempt employee under the Fair Labor Standards Act, which provided for payment of minimum wages and overtime. If you are non-exempt, then you are entitled to time and one-half for all hours worked in any given week over 40. If the employer violates this provision, it could be liable for double damages plus attorneys fees and costs. You should likely contact an attorney promptly as the statute of limitations on overtime claims permits you go to back 2 years, 3 years if the failure to pay overtime is determined to have been a wilful violation.

This answer is subject to the terms and conditions provided by AVVO. Also, it does not create an attorney-client relationship in any manner whatsoever. In connection with any potential claims, an attorney should be promptly contacted to obtain more specific advice and to ensure that any applicable statutes of limitation do not expire which would prevent you from seeking relief on one or more of your potential causes of action.

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