If I work at 2 sotres for the same employer and clock in over 40-60 hours a week between them, does my employer have to pay me overtime for combined hours?

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If I work at 2 sotres for the same employer and clock in over 40-60 hours a week between them, does my employer have to pay me overtime for combined hours?

The stores are co-owned. One is owned by A and B, and the other is owned by A and C. The checks come from 2 different accounts that are completely separate from each other. I clock in 30 to 40 hours at Store 1 and 8 to 20 hours at Store 2. I get bi-weekly pay on separate checks when my hours get cut if I pick up an extra shift that would put me over at Store 1.

Asked on August 17, 2019 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the business were owned and operatedby the same people.entity, then you would have a claim. However, here in your case, the businesses are owned by different ownership; A&C and A&B. Accordingly, your time need not be combined for the purposese of determining overtime.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

They are not co-owned: one is owned by A and C, the other by A and B--neither one has the same ownership. Therefore, they are not considered for wage or overtime purposes to be the same employer, and their hours are not combined for purposes of calculating overtime. 


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