Get Legal Help Today
Secured with SHA-256 Encryption
I work for a restaurant group that has 3 restaurants. With 3 separate LLC’s I wear many hats from catering to training to managing. I record my hours do not clock in or out and I submit my hours each week to the owner. I get paid evenly between all 3 restaurants each week. In the 2 years I have never received overtime pay, estimated 225 hours of anything over 40 hours weekly approximately $10,000. Is this legal or am I owed that money?
Asked on April 1, 2019 under Employment Labor Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
An employer cannot avoid paying overtime by splitting an employee's hours among different LLCs. If the LLCs all have common ownership or are under common control, then all the work you do should be added together for determining overtime. Based on what you write, you may well have a claim for unpaid overtime, and should contact the state or federal department of labor about possibly filing an overtime complaint.
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.