Is there any compensation for an employee who is filling two full-time positions?

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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 4 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 4 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.


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