Is it legal to give separate paychecks for working at different stores owned by the same person?

UPDATED: Oct 1, 2022

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Is it legal to give separate paychecks for working at different stores owned by the same person?

My boss owns 3 of the same fast food chains. New Link Destination
avoid overtime, people will switch shifts with others and work 35 hours at one store and 10 at the other. You also get 2 different paychecks. Is this legal?

Asked on December 2, 2017 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal. All work for the same employer must be totalled together to determine overtime, even if the employee works at different locations or at nominally separate/different entitites (LLCs or corporations) all owned by the same person or larger entity (LLC or corporation). The law doesn't let employers get around the overtime obligation so easily, just by having you work at a different store. Based on what you write, you may have a claim for unpaid overtime; you may wish to contact the department of labor to file an overtime complaint.

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 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.

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