If I work for a company that owns 10 fast food restaurants and worked at 2 of them, 40 hours at one and 5 hours at anther, am I eligible for overtime?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I work for a company that owns 10 fast food restaurants and worked at 2 of them, 40 hours at one and 5 hours at anther, am I eligible for overtime?

Each restaurant has it’s own EIN number and is it’s own company so they are considered 10 companies. I worked 40 hours in restaurant A and then helped at restaurant B for 5 hours. The 5 hours were not OT because the companies are separate. I was paid the 5 hours from that stores payroll and the 40 from the other. I was told I had to work at the same location over 40 hours to receive overtime. Is this correct? Not sure if it makes sense too.

Asked on November 30, 2015 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The issue is not whether the companies are technically distinct (e.g. different EINs; different LLCs or corporations) but whether they share management. If they share management, then you should have been paid overtime, since employers may not escape their overtime obligations by simply having different business entities or structures and dividing employee time among them. But if management was separate then it's like having two different jobs--the hours are not pooled for overtime purposes.
You write that you work for a company that owns 10 fast food restaurants. If you work for the parent and the parent has the power to direct whom the individual locations employ, so the parent sent you from A to B, you should most likely have received overtime. If the parent however has no say over staffing and you got the extra hours at the second store yourself without the parent causing that to happen, then you probably are not owed overtime.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption