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  1. #1
    Join Date
    Nov 2010
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    Default Can I Report Boss Paying Overtime with Cash

    So my boss has been paying over time with cash to everyone. we work about 80-90 hours each week. i have been working at this restaurant for 4 years now, all my overtime has been paid with cash . i got fired for an unjust reason. so could i report my boss to the IRS? i searched around and i saw something about whistleblower, would i use that to report him to the IRS?

  2. #2
    Join Date
    Sep 2010
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    10,320

    Default Re: Can I Report Boss Paying Overtime with Cash

    Paying with cash is fine as long as it was reflected on your W-2's. I got paid 100% in cash back when I worked for one employer, but he withheld taxes and I got a W-2 at year's end.

    Note that if your employer did not withhold taxes or report the income, you're still liable for paying the employee's share of the taxes on that income. Hopefully you reported that on your own and made estimated tax payments for all those years...

  3. #3
    Join Date
    Dec 2007
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    2,360

    Default Re: Can I Report Boss Paying Overtime with Cash

    Did you get any receipts at all? You should have handled this WAY before now. Your wages reported for unemployment purposes are NOT going to include these wages (assuming they were not on your W-2) and your unemployment benefit payments are going to be less than they otherwise would have been.

    You deleted the question about what state you are in. We ask that for a reason, so what state?

  4. #4
    Join Date
    Nov 2010
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    2

    Default Re: Can I Report Boss Paying Overtime with Cash

    Quote Quoting PattyPA
    View Post
    Did you get any receipts at all? You should have handled this WAY before now. Your wages reported for unemployment purposes are NOT going to include these wages (assuming they were not on your W-2) and your unemployment benefit payments are going to be less than they otherwise would have been.

    You deleted the question about what state you are in. We ask that for a reason, so what state?
    i'm in california.
    the overtime is basically paid under the table

  5. #5
    Join Date
    Oct 2006
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    6,366

    Default Re: Can I Report Boss Paying Overtime with Cash

    Quote Quoting kevkevle
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    i'm in california.
    the overtime is basically paid under the table
    Its going to be difficult to prove then. I would guess that your employer wasn't claiming the income himself and paid you out of cash sales.

  6. #6
    Join Date
    Dec 2007
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    2,360

    Default Re: Can I Report Boss Paying Overtime with Cash

    Not so difficult to prove, actually.

    OP, what I would recommend is that you file a claim for unpaid overtime with the DLSE. You can use your best estimate as to the number of hours; don't overstate, just use maybe an average. What the investigator will do is ask to see the payroll records showing that the overtime has been paid. The employer will not be able to do so. At that point, the state will instruct the employer to pay it (and he will have to prove to them that he HAS, in fact, paid it, with payroll records) OR he will have to admit that he has been paying overtime under the table. Do your time cards or however you report your time worked, include ALL hours or just regular hours? By day?
    http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

    Either way, he's going to be in trouble.

    In the meantime, if you are not already doing so, keep your own records of your hours worked, by day, on your own time, and at home. A paper notebook works fine. If he continues to pay in cash and does not give you a receipt, track each payment and the hours for which the payment is made, as well. You will need that information to justify an appeal on the financial determination if you have to file for unemployment.

    Good luck. With all the employers who do the right, and legal, thing, employers like yours really pI$$ me off.

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