Is there any compensation for an employee who is filling two full-time positions?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there any compensation for an employee who is filling two full-time positions?
Employee has been covering primary job and another vacant full-time position for 2 years with no compensation. Keep getting the run around causing a lot of stress. Is there any law against this or any additional compensation?
Asked on August 16, 2016 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, is the employee an exempt or non-exempt regarding overtime laws? If they are not exempt from such laws, then they can be made to cover 2 full-time positions, however for any hours worked over 40 they are entitled to overtime pay. If they are not subject to such laws, then they can be made to work as many hours as their employer wants to schedule them with no increase in their pay.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, there is no law against making an employee cover multiple positions. If hourly, the employee must be paid for all hours worked; if not exempt from overtime (which includes all hourly employees and some salaried employees; you can find the rules for exemption on the U.S. Department of Labor website), the employee must be paid overtime when working more than 40 hours per week; but a salaried exempt employee is not entitled to anything more, no matter how hard or how many hours he or she works. The employee's only option is to seek other employment if dissatisfied.
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.