If I work for2 businesses owned by the same entity with2 separate taxID numbers, does my employer have to pay me overtime for my combined hours?

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If I work for2 businesses owned by the same entity with2 separate taxID numbers, does my employer have to pay me overtime for my combined hours?

Asked on January 28, 2012 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

They most likely have to pay you overtime. An employe may not normally avoid the necessity of paying overtime when an employee works more than 40 hours in a week by the simple measure of setting up two different business entities, having the employee employed by both, and apportinging his or her hours between them.

There are sme possible scenarios in which the employe would not get overtime--but that would involve the employee having whollly different duties in completely unrelated businesses (i.e. the only relationship if the joint ownership). For example, if the same person owns a music store and a McDonald's franchise, it may be possible for the employee to work 25 hours as a fry cook and 25 hours as a music store sales person and not receive overtime: the business are physically distinct, have nothing to do with each other, and the employee's jobs have nothing to do with each other.

But if there is any overlap in the businesses or the work the employee does for the owner, she/he would seem to have to get overtime.


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