Should I receive two paychecks for services completed at a job that functions under two tax I.D.s?

UPDATED: Sep 30, 2022

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Should I receive two paychecks for services completed at a job that functions under two tax I.D.s?

I work for a medical clinic under one tax I.D. and then there is another medical company working inside the clinic under another tax I.D. If I have to work doing basically the same job for both entities should I be paid under both businesses or just the one that originally hired me?

Asked on September 8, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, the law doesn't have an answer for this: there is no right or wrong answer for whether it must be under one business or under both, *except* for this: if you working for two companies with common ownership, then if you are not exempt from overtime and work more than 40 hours total in the week, you must be overtime for hours over 40--that is, common ownership cannot use having two different business entitites, tax ID numbers, etc. as a reason to not pay overtime.

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