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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption