Should my employer be paying me overtime ifI work more than 40 hours at 2 different stores but they are owned by the same person?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should my employer be paying me overtime ifI work more than 40 hours at 2 different stores but they are owned by the same person?
He owns 2 franchises of the same company and has employees work both stores. Sometimes these employees work more than 40 hours a week but since it is not 40 hours at just one store, they do not receive overtime.
Asked on December 11, 2011 under Employment Labor Law, Ohio
Answers:
Eric Eisen
Answered 12 years ago | Contributor
Under long settled Department of Labor precedent, you are entitled to overtime pay if you work for two organizations involved in a common business purpose that are subject to common ownership or control. The classic case involved nurses who worked at two hospitals owned by the same company. We've seen cases involving laborers who worked two different contracts at different locations for the same company. You may also be entitled to liquidated damages and attorneys fees. You will need to prove your hours and prove which weeks you worked overtime, which should not be a problem if you receive paychecks showing hours worked and you hold onto them. You should consult a knowledgeable lawyer.
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 AttorneyPages.com 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.