If my boss has2 separate companies and I work for both but only get paid by 1, am I legally entitled to a second salary?

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If my boss has2 separate companies and I work for both but only get paid by 1, am I legally entitled to a second salary?

I am employed by corporation “A”. We are a very small marketing firm. I answer directly to my boss (the president of the company). My boss is also one of 2 CEO’s of a completely separate LLC (company “B”) based in another state. For months I have been given work/tasks for “B” just to help the company out. Only recently did my boss tell me that from now on I am the official Accountant/Receptionist/Assistant/Travel Coordinator for this company “B”. My question is since most of my days now revolve around this company “B” am I legally entitled to a second salary?

Asked on October 3, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately, there is no legal requirement that you get paid a second salary. Ignore the fact that your boss has, for whatever reason, structured his business operation to be built around two different LLC's--the company structure is irrelevant to you. You are being employed to provide bookkeeping, administrative, etc. services--those services could be all for one company (if the organziations were folded together), for two companies (as they are), for three or more companies, etc. That does not matter; your employer may offer you whatever pay he or she wants to do work for one, two, or more companies, and you can either accept that pay or, if you think it unfair, seek other employment. It may be fair for you to be paid more, but the law does not enforce fairness; your boss, as noted, can offer whatever he likes for the work, and your only choice is to accept it or not.

There is one thing to keep in mind: if you are not exempt from unemployment (go to the federal Deptment of Labor website to see the tests for when an employee is exempt from overtime), your boss cannot get  around overtime by dividing your work hours among two or more companies. If you work for more than 40 hours in a workweek for the same boss, then regardless of how many entities your work is "charged to," you would be entitled to overtime so long as you are non-exempt. Therefore, if you're working more total hours, you may be eligible for overtime.


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