If I work 2 positions with the same company, can I combine the 2 positions for overtime?

UPDATED: Mar 10, 2012

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If I work 2 positions with the same company, can I combine the 2 positions for overtime?

I was told that I could not. I work 20 hours salary at one position and 27.5 hourly at the other. 

Asked on March 10, 2012 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are working for the same employer, then in the vast majority of cases, the law does combine the two positions for purposes of determining overtime; the law does not allow an employer to avoid overtime by the simple subterfuge of splitting an employee's duties in two and calling it two different positions. You therefore may have a claim for unpaid overtime; you should probably either consult with an employment law attorney and/or contact your state department of labor.

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