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Can I pay my workers off the books and still be legal?

I run a small business. Everyone who works for me wants to be paid off the books. It’s better for them and for me, so can I pay someone in cash without running afoul of the law?

There’s a difference between paying someone in cash and paying them off the books, my friend. Both may be a common practice, particularly when paying household labor (but that’s a whole other can of worms). Paying in cash still requires payroll documentation, withholding, IRS reporting, etc. Paying off the books (referred to as “under the table” where I grew up — not that I ever earned money that way — just sayin’) where both parties are hiding the transaction from the government is illegal and can lead to severe penalties and even jail time for both parties. So I can’t recommend it.

I’m a city worker in one of the roles the mayor said he was thinking of requiring to return to the office full time. If they don’t give me a raise, then that will be a pay cut. If I actually literally can’t afford to take that cut, can I refuse and then collect unemployment if they fire me?

You can’t fight city hall — or can you? Most employers are having difficulty attracting and retaining talent as the shifting workforce dynamics are changing the value proposition of work for employees. And too many politicians don’t actually know what it is like to hold an office job, yet they make policies for millions who do, without understanding the impact. I’m not sure they would even consider what challenges to unemployment claims would look like. I like your creativity; however, I don’t think the argument holds up. I doubt that being required to come back to the office at the same compensation that you always had would be viewed as taking a pay cut, just because your expenses to do the job will increase. By that logic, you received a hefty pay raise by keeping your salary while working from home, with much lower expenses than you had previously. So it’s kind of a wash. Nice try, though.

Working home concept.
Can you demand a pay raise over the increase of expenses going from working from home to in the office? Shutterstock

Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. Email: [email protected]. Follow: GoToGreg.com and on
Twitter: @GregGiangrande