can my employer cut my overtime with 2 checks

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can my employer cut my overtime with 2 checks

recently my boss who owns his own company and his wife owning another. has been making us the workers clock in for his company mon. thru Thursday. and then makes us clock in on his wifes company Friday, and Saturday. and we don’t even do no work for her company.

Asked on May 31, 2017 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, this is not legal. If the companies have common or related ownership (e.g. a husand and wife), then the work done each week for them is counted together for purposes of overtime; if  you worked more than 40 hours in total during a week for the two companies combined, you are entitled to overtime. The law does not allow employers to avoid overtime by such a simple, transparent ruse. You could file an overtime complaint with the state or federal departments of labor and potentially receive the back overtime you missed, and be entitled to overtime going forward.


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