At My Work- Is This Legal? - Sitcoms Online Message Boards

jasonbigley · 08-03-2015, 11:04 PM

I have talked about my job on here a couple times in the past. I will give you an example of the situation: The night time dishwasher is scheduled 5pm - 9pm. 9pm is when the restaurant closes. A lot of times, there is still customers after 9 still finishing up. The night time dishwasher has to do the last of the dishes, sweep and mop all by 9pm. They don't pay him after that. Usually, one of the family members (one of the owners) is there babysitting employees every night and they rush him. If he is not done by 9 every night, they get mad. IMO, that's crazy because it takes time after you close to clean up and put things away properly. Nobody else helps him clean up or anything. I work the day shift and he has hinted a couple of times about switching shifts and I told him NO WAY because if they ever switched me, I would immediately quit because I am not getting cheated out of money. Is this a legal thing they can do and if it is ILLEGAL, where would he be able to report something like this? The hard thing is, it would be kind of hard to prove because we don't have a punch in punch out card. Our hours are on a piece of paper on a clipboard. We don't even get an actual check. We get paid in cash with our deductions on a post it note. This is a mom and pop type of diner.

Coffeecup · 08-04-2015, 10:20 AM

I'm surprised employers will pay in Cash. It shouldn't be hard to have business checking acct. As for working beyond 9pm when customers are still there, one should be paid. I would prepare a little talk with the owners. I know how you feel. I feel I need to talk to my boss about my job too. You will feel funny but in the long run, get it off your chest and get it talked about. The owner must just think you are a weakling if you don't. If you don't say anything, they can think Well he?she doesn't say anything so let's continue. Just prepare your speech in a kind way. Say how you are dedicated, show up on time, do the job and would like to continue but under the certain situation I am having a difficult time.

Tell me how you make out. I am interested. Gulp a good cup of coffee before you go.

Coffeecup · 08-04-2015, 10:29 AM

When I was teen I worked in kitchen of a nursing home. Being a 5 foot girl scrubbing hardened oatmeal wasn't easy. Anyway I couldn't seem to finished up by the my shift. so i just continue on to finish. My boss said check out at 2pm and come back to finish. I did. By 3pm a friend who worked there, Said we are going now and I left. The boss wasn't one to say, Let me give you a hand. And the kitchen was hot hot. I lasted about a month. I didn't like the job or the boss and I was so sensitive.

shotzette · 08-04-2015, 04:51 PM

Paying an employee in cash isn't illegal, but it's not smart. I would never pay my staff in cash because I want a paper trail if I'm ever audited. You have to account where every penny goes. Plus, employees can always claim they weren't paid since there isn't any proof. Is your boss paying you guys under the table, ie. not paying Social Security, FICA, & worker's compensation? If so, they should be worried about your state's department of taxation and the Dept. of Labor. They LOVE to nail small business for this stuff. If your coworker is legally allowed to work in this country, he may want to contact those entities. At the very least, your employer is guilty of shoddy business practices.

08-03-2015, 11:04 PM	#1
jasonbigley Member Forum Regular Join Date: Apr 14, 2008 Location: California Posts: 501	At My Work- Is This Legal? I have talked about my job on here a couple times in the past. I will give you an example of the situation: The night time dishwasher is scheduled 5pm - 9pm. 9pm is when the restaurant closes. A lot of times, there is still customers after 9 still finishing up. The night time dishwasher has to do the last of the dishes, sweep and mop all by 9pm. They don't pay him after that. Usually, one of the family members (one of the owners) is there babysitting employees every night and they rush him. If he is not done by 9 every night, they get mad. IMO, that's crazy because it takes time after you close to clean up and put things away properly. Nobody else helps him clean up or anything. I work the day shift and he has hinted a couple of times about switching shifts and I told him NO WAY because if they ever switched me, I would immediately quit because I am not getting cheated out of money. Is this a legal thing they can do and if it is ILLEGAL, where would he be able to report something like this? The hard thing is, it would be kind of hard to prove because we don't have a punch in punch out card. Our hours are on a piece of paper on a clipboard. We don't even get an actual check. We get paid in cash with our deductions on a post it note. This is a mom and pop type of diner.

08-04-2015, 10:20 AM	#2
Coffeecup coffeecup. Forum 3000 Club Member Join Date: Jan 17, 2003 Location: snoozeville Posts: 3,183	I'm surprised employers will pay in Cash. It shouldn't be hard to have business checking acct. As for working beyond 9pm when customers are still there, one should be paid. I would prepare a little talk with the owners. I know how you feel. I feel I need to talk to my boss about my job too. You will feel funny but in the long run, get it off your chest and get it talked about. The owner must just think you are a weakling if you don't. If you don't say anything, they can think Well he?she doesn't say anything so let's continue. Just prepare your speech in a kind way. Say how you are dedicated, show up on time, do the job and would like to continue but under the certain situation I am having a difficult time. Tell me how you make out. I am interested. Gulp a good cup of coffee before you go.

08-04-2015, 10:29 AM	#3
Coffeecup coffeecup. Forum 3000 Club Member Join Date: Jan 17, 2003 Location: snoozeville Posts: 3,183	When I was teen I worked in kitchen of a nursing home. Being a 5 foot girl scrubbing hardened oatmeal wasn't easy. Anyway I couldn't seem to finished up by the my shift. so i just continue on to finish. My boss said check out at 2pm and come back to finish. I did. By 3pm a friend who worked there, Said we are going now and I left. The boss wasn't one to say, Let me give you a hand. And the kitchen was hot hot. I lasted about a month. I didn't like the job or the boss and I was so sensitive.

08-04-2015, 04:51 PM	#4
shotzette Member Senior Member Join Date: Jun 30, 2004 Posts: 1,782	Paying an employee in cash isn't illegal, but it's not smart. I would never pay my staff in cash because I want a paper trail if I'm ever audited. You have to account where every penny goes. Plus, employees can always claim they weren't paid since there isn't any proof. Is your boss paying you guys under the table, ie. not paying Social Security, FICA, & worker's compensation? If so, they should be worried about your state's department of taxation and the Dept. of Labor. They LOVE to nail small business for this stuff. If your coworker is legally allowed to work in this country, he may want to contact those entities. At the very least, your employer is guilty of shoddy business practices.