Should I get paid overtime if my hours are split between 2 business with the same owner?

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Should I get paid overtime if my hours are split between 2 business with the same owner?

I work for two restaurants both owned by the same person. They have separate licences for the individual restaurants but are ran jointly under the same ownership/management. If 40 hours are exceeded in 1 work week between the 2 but not individually should i still be receiving overtime pay?

Asked on June 19, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they are separate legal entities (e.g. one or both are its own LLC or corporation) and are at separate locations, then you are NOT owed overtime except when you work more than 40 hours at one location. In this situation, they are separate businesses, despite being ultimately owned by the same person; being separate, the hours you work at each are not pooled or combined for overtime purposes.


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