UPDATED: Oct 1, 2022
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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 3 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.
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