How To Report Working Under The Table and Getting Paid Under the Table

If you are an employee being paid under the table, you can make a whistleblower report by contacting attorney Brad Nakase. Attorney Nakase does not charge an upfront fee and works on a contingency basis, collecting a percentage of the recovery. This ensures you can pursue your claim without financial barriers.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

What Does “Under the Table” Mean?

“Under the table” means paying wages to employees by cash, check, or other compensation with the intent to evade paying payroll taxes. Reporting payments under the table ensures accountability and compliance with tax laws. Paying an employee under the table means they get paid off the record. You give them cash for their time instead of an official paycheck.

Why is Paying Under the Table Illegal?

Working under the table in California is illegal. This can lead to unexpected liabilities, including significant penalties and interest for unreported income. Employers and employees may also face criminal charges for violating tax laws. Reporting payments under the table is critical to uphold fair labor practices. Working under the table, often referred to as “unreported employment,” means working for cash without records. Cash is harder to trace. Paying cash under the table for the purpose of tax evasion is illegal. If audited, an employer can expect to pay back all the money owed, along with interest, penalties and fines, and to be subjected to criminal convictions.

How to Report Under-the-Table Payments

If you are an employee being paid under the table, you should contact attorney Brad Nakase to file a lawsuit against your employer. Depending on the length of time you worked for the employer, you could receive up to $100,000. Attorney Brad Nakase does not charge an upfront fee. He works on a contingency basis and only collects a percentage of the amount recovered for you.

  1. To report instances of cash wages paid “under the table,” you may report to California Employment Development Department, 1‑800‑528‑1783. You do not have to provide your name if you wish to remain anonymous.
  2. To report to the IRS payments under the table, use Form 3949-A, Information Referral PDF to report alleged tax law violations by an individual, a business or both. You can report alleged tax law violations to the IRS by filling out Form 3949-A online.

If you are an employee being paid under the table, you should contact attorney Brad Nakase to file a lawsuit against your employer. Depending on the length of time you worked for the employer, you could receive up to $100,000. Attorney Brad Nakase does not charge an upfront fee. He works on a contingency basis and only collects a percentage of the amount recovered for you. Reporting payments under the table through legal channels can protect employee rights.

Evidence Required to Prove Under-the-Table Payments

In that case, proving an amount paid depends on whether your patterns closely suggest the cash payments. Note that payments through pay applications like Zelle, CashApp, and Venmo do provide some helpful information in these cases. Of course, a statement from the person(s) who received payments is very good evidence. Reporting payments under the table requires substantial documentation to support claims.

Consequences for Paying Under-the-Table

Employees who collect their pay under the table should contact a professional attorney to discuss their options. All workers in California are entitled to the proper compensation for their hard work and time. Reporting payments under the table ensures fair compensation and legal compliance. Working under the table in California is illegal. This can lead to unexpected liabilities, including significant penalties and interest for unreported income. Also, it is common to see employers face jail time for it, along with paying fines for it outside the taxes that they owe.

Legal Penalties for Tax Evasion

Potential penalties for tax evasion include a fine of up to $20,000 for individuals and up to $100,000 for corporations. The court may order the defendant to pay restitution to cover the tax liability owed. Reporting payments under the table can help uncover such evasion and enforce legal penalties.

Whistleblower Rewards

If you are an employee, file a whistleblower complaint by contacting attorney Brad Nakase. Attorney Nakase can assist you in pursuing your claim while ensuring your rights are protected. He works on a contingency basis, meaning there are no upfront fees, and he only collects a percentage of the amount recovered. Reporting payments under the table can be incentivized through these whistleblower rewards. Reporting payments under the table can be incentivized through these whistleblower rewards.

How the IRS Detects Unreported Income

Your Employer May End Up Telling The IRS About Your Arrangement. Just because you’re getting paid cash under the table does not mean that IRS won’t find out. Reporting payments under the table preemptively can mitigate potential legal consequences.

Steps for Employees Receiving Cash Payments

Employees who collect their pay under the table should contact a professional attorney to discuss their options. All workers in California are entitled to the proper compensation for their hard work and time. Reporting payments under the table is a crucial step to secure rightful earnings and benefits.

Reporting Odd Jobs or Gig Work Income

You should report income from odd jobs as business income on Schedule C (Form 1040) Profit or Loss From Business. A payer is required to issue you a Form 1099-MISC Miscellaneous Income if you received more than $600 in compensation. Reporting payments under the table applies equally to gig work and ensures accurate tax filings.

What Happens When You Report Under-the-Table Payments?

If California EDD starts an investigation, it may inspect the worksite, issue citations for violations, work with the employer to correct the problem, and collect any unpaid wages owed to workers. Reporting payments under the table initiates these corrective actions and protects worker rights.

Employer and Employee Responsibilities

  1. Employers are required by law to withhold employment taxes from their employees. Employment taxes include federal income tax withholding and Social Security and Medicare Taxes. Reporting payments under the table helps ensure these responsibilities are met.
  2. Employees who collect their pay under the table should contact a professional attorney to discuss their options. All workers in California are entitled to the proper compensation for their hard work and time. Reporting payments under the table highlights the importance of transparency and compliance.

Conclusion

Working under the table in California is illegal. This can lead to unexpected liabilities, including significant penalties and interest for unreported income. Employers and employees may also face criminal charges for violating tax laws. Reporting payments under the table is essential to maintaining a fair and lawful workplace.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

How to Trademark Your Business Name

How to Trademark Your Business Name

Protect your business name with trademark registration to ensure exclusive rights and safeguard your brand identity from infringement. Follow our step-by-step guide to navigate the trademarking process effectively while avoiding common pitfalls.

Service Charge vs Tip: Is the service charge the same as a tip?

A service charge is mandatory, and a tip is at the discretion of the customer.  Under California law service charges are not considered tips.  Service charges are the amount a customer is required to pay in addition to the beverages and foods purchased at a restaurant.  Service charges belong to the restaurant and not to the employees.

When Is a W-9 Not Required?

A W-9 is not required when payments to a vendor are under $600 in a calendar year. Payments made through credit card processors or platforms like PayPal also do not require a W-9.

Is Small Business Loan Secured or Unsecured

A secured loan places the burden of risk on the borrower. An unsecured loan shifts the burden of risk more to the lender. A small-business loan is secured when backed by specific collateral, typically business assets, such as equipment, inventory or real estate. Secured loans, including those secured by the Small Business Administration (SBA), typically range from $50,000 to $5 million. 

Where Can I Cash a Business Check?

Business check may be cashed at a check-cashing service: Walmart Money Center, Payday Advance, Ingo Money, Moneytree, Money Mart, ACE Cash Express, Speedy Cash, etc.
What Does Net Income Mean for Businesses and Individuals

What Does Net Income Mean for Businesses and Individuals?

Net income, often called "the bottom line," measures financial health by showing the remaining profit after expenses and deductions. For individuals and businesses, net income is a critical metric influencing budgeting, performance assessment, and decision-making.
What Is a Business Plan Executive Summary

What Is a Business Plan Executive Summary?

An executive summary in a business plan outlines your company's mission, market positioning, and financial projections in a concise format. It highlights key points to capture investors' interest, acting as a compelling introduction to your business plan.

Average Revenue For Small Business

Small businesses with no employees have an average annual revenue of $52,000. The average small business owner makes $73,000 a year. In general, the average revenue is around $52,000 per year for a company with a single owner/employee.
What Is the Legal Definition of False Advertising

What Is the Legal Definition of False Advertising?

False advertising involves untrue or misleading claims about products or services, violating laws enforced by the FTC and state authorities. Companies face legal consequences like fines, lawsuits, and cease-and-desist orders for deceptive practices under statutes like the Lanham Act and California's False Advertising Law.

Payment Upfront Meaning & 5 Tips for Getting Upfront Payments from Customers

Upfront payments can be beneficial to many small business owners. Upfront payments protect the owner emotionally and financially. There is no fear of customers disappearing without paying for products or services. It is also a great method by which to build trust with customers. It can also help improve cash flow, thereby letting the business grow and flourish.

How to Calculate Business Profit

A business profit is revenue minus expenses. The profit formula in accounting calculates the net gains or losses incurred by the business for a period by subtracting the total expenses from the total income: Total Income – Total Expenses - Profit
What Are the Benefits of Using a DBA (Doing Business As)

What Are the Benefits of Using a DBA (Doing Business As)?

A DBA (Doing Business As) name allows businesses to operate under a different name, enhancing branding flexibility and privacy. It is essential for opening business accounts, expanding services, and improving public perception without creating a separate legal entity.
How Can You Place a Vending Machine at a Location

How Can You Place a Vending Machine at a Location?

Learn the strategies for securing profitable vending machine locations and key factors to maximize your vending business's success. Discover top site recommendations, legal steps, and tips for approaching property managers effectively.
What Is the Legal Definition of Estoppel

What Is the Legal Definition of Estoppel?

Estoppel prevents a party from contradicting prior statements or actions, ensuring fairness and consistency in legal agreements. Common types include promissory estoppel, equitable estoppel, and estoppel by deed, addressing various legal scenarios effectively.
What Does Business Acumen Mean

What Does Business Acumen Mean

Business acumen involves strategic thinking, decision-making, and understanding organizational dynamics to impact goals effectively. Essential skills include financial insight, stakeholder awareness, and navigating uncertainty for leadership at all levels.

Contact our attorney.

Please tell us your story:

1 + 6 = ?