If I work for 2 companies with common ownership, am I entitled to overtime after 40 hours a week?

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If I work for 2 companies with common ownership, am I entitled to overtime after 40 hours a week?

Asked on November 21, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on whether you are doing basically the same job or not. For example: say you are a bookkeeper and keep the books of two companies owned by the same person or larger corporation. In that case, if you work more than 40 hours total, you should receive overtime, since you are doing the same job for the same owner. On the other hand, if you are doing totally different jobs for each, and their management (if not ownership) structure is seperate, so that you really are essentially having two separate jobs, then they might not have to aggregate or combine the hours for overtime purposes. For example, say that John Doe owns a day care center and a yoga studio. If you take care of 3 year olds in one and teach yoga part time in the other at night, those businesses and your jobs are so separate that they would most likely be considered fully separate.


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