Is it legal to make me work 2 different same day shifts to avoid overtime?

UPDATED: Oct 1, 2022

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Is it legal to make me work 2 different same day shifts to avoid overtime?

I’m in CA and I was booked through Company A as an independent contractor for an event. They separated the event into 2 different things but the client company B remained the same. The 2 contracts are identical except for event titles which were both part of the same convention main and breakouts. Company A is maintaining they don’t have to pay me overtime. However, there is no separate DBA for Client Company B here so I don’t see how a simple separation of paperwork absolves them from paying overtime. Both contracts spell out over time

after 8 hours.

Asked on February 21, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal. The law doesn't allow employers to circumvent the overtime rules by splitting work into different shifts, or having it at different locations, or charging/attributing it to different projects or clients, etc. If you work more than 8 hours in a day for Company A--or even for Company A and B, if both A and B have the same owner (or A owns B, etc.)--you have to be paid overtime in your state. If not being paid overtime when you should be, contact your state department of labor, which will look into the reality of the situation, not how the employer chooses to describe or characterize it.

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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