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victor320 · Feb 12, 2007, 04:51 PM

Hey well I just started this new job in a restaurant and I worked 12 hr. on my first day and only got a 10 min. break, they don't pay over time, and when they pay you they give you half cash and half in a check I guess its so nobody would know that they're not paying us over time. We do everything from washing dishes to cooking, and still win minimum wage.I've also I've noticed that the food they cook is not even washed, its just cleaned with a piece of napkin. Im pretty sure this isn't legal. What can I do about this? Can I sue them?

Nosnosna · Feb 12, 2007, 04:59 PM

Assuming you're in the US, and some state laws are different:

Overtime isn't based on daily hours, it's based on weekly. You should be paid overtime for anything over 40 hours in a week.

Minimum wage is what you agreed to when you started working. It doesn't matter what you do... you could be doing brain surgery for minimum wage if that's what was agreed on beforehand.

Restaurants are exempt from the (federal) laws requiring breaks... something about the nature of the work.

Call the health department on the food issues. That's probably enough to get the place shut down.

victor320 · Feb 12, 2007, 05:12 PM

Originally Posted by victor320

hey well i just started this new job in a restaurant and i worked 12 hr. on my first day and only got a 10 min. break, they don't pay over time, and when they pay you they give you half cash and half in a check i guess its so nobody would know that they're not paying us over time. We do everything from washing dishes to cooking, and still win minimum wage.I've also I've noticed that the food they cook is not even washed, its just cleaned with a piece of napkin. Im pretty sure this isn't legal. what can I do about this? Can I sue them?

Well they told me to work 6 days a week 12hrs a day. Just in one week it will be 32 hrs of over time

Nosnosna · Feb 12, 2007, 05:18 PM

Yeah, you should be getting overtime for those 32 hours. You may have cause to sue, but the most you're entitled to will be the remainder of what you should be getting paid. You'll spend more time and effort than it's worth, especially since you've just started the job.

Quit, get a new job at a reputable place, and call the health department for the food issues.

Fr_Chuck · Feb 12, 2007, 05:24 PM

Well of course paying 1/2 in cash and 1/2 in check is illegal, and if you don't report your total earnings to the IRS you are cheating the IRS also.

So basically not only are they breaking the law but if you don't report those wages and pay tax onthem you are also.

So you don't sue ( why does everyone want to sue everyone) but you report them to the Dept of Labor in your state.

As for health regulations, you turn them over to the dept of health.

Nosnosna · Feb 12, 2007, 05:30 PM

Originally Posted by Fr_Chuck

Well of course paying 1/2 in cash and 1/2 in check is illegal, and if you don't report your total earnings to the IRS you are cheating the IRS also.

Have to spread it around, but yeah, that's almost certainly illegal (it's possible to pay in cash legally, but it has to be accounted for in writing for your records, taxes have to be withheld on it, and it's extremely fishy even when done correctly... reputable places may be able to cash your check, but they still issue the check for you first)