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


Eric Eisen

Answered 8 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.

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