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Should i get prevailing wage if i'm paid under the table??

Detroit, MI |

I am working for a guy who is paying me under the table. We are currently doing a job at a scholl, this job I know for a fact is a prevailing wage job. Seeing as I'm paid under the table does he still have to pay me the prevailing wage? And if I am sub contracted out through the original subcontractor for said prevailing wage job is it that contractors responsiblity to pay us the PW??

Attorney Answers 3


  1. If you are working a prevailing wage job, your employer should be paying you the prevailing wage rate.

    Generally, an employee who was not receiving the prevailing wage to which he is entitled could file a claim with the State's Wage & Hour Division against the contractor or subcontractor who is violating the law. You, however, may have other factors to consider.

    Receiving payment "under the table" implies that neither you nor your employer are paying required taxes on your income. If you file a complaint against your current employer, then you will expose your employer's failure to pay you the prevailing wage and his failure to pay taxes on your income. You will also expose your own failure to report your income and pay taxes owed. You may want to consult with a local employment attorney about your current situation and the best way to protect yourself.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.


  2. You are violating the law and you want the law to come in and help you when your partner in crime may be cheating you. Do you see your dilemma? Pay your appropriate taxes and you might have a claim. Good luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.


  3. When you use the term "under the table" you are implying / admitting that you are breaking the law. There are legal ways to be paid as a wage-earner or as a sub-contractor. But, disputes between lawbreakers are really not the responsibility of the courts.

    You could see an attorney to clarify your status.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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