Working at Multiple Companies For the Same Employer

Employers who operate multiple companies don’t always realize that their employees who work for both must have their hours at each company combined for overtime calculations.

When employees work for two different companies owned by one employer (called joint employment), they are still entitled to overtime when their clocked hours at both companies exceed 40 in a week (or 8 in a day in some states).

“Joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute.” – DOL

Situations When the Employee Should Have Been Paid Overtime

  • The employer operates two businesses and hires one accountant to do his bookkeeping for both company A and company B. The employer wants to keep his payroll records separated for both companies so he has his accountant clock in using two different time clocks. Occasionally, her total hours exceed 40 but she doesn’t get paid overtime since each time clock system records fewer than 40 hours.
  • An employee works two different types of jobs within the same company. The employer wants to track how much time the employee spends on each job, so the employer has him use two different time clocks. The payroll processor might either pay the employee twice each pay period or calculate the payment for each job and combine the two. Either way, overtime hours are getting lost in the split.
  • An employee finds work through two different staffing agencies for the same employer. Monday through Wednesday he works for Staffing Agency A and Thursday through Sunday he works for Staffing Agency B. He often works overtime for this company but since two different staffing agencies are paying him, he never gets paid time and a half. This situation really happened to Nieman Printing Inc..

How to Calculate Overtime Correctly For All Scenarios

If you want to track the types of jobs an employee does, you can do this using Account Codes with

If an employee works for two different staffing agencies, the employee can clock in to and both the staffing agencies can log in to the account to retrieve the employee’s hours.

Keeping the accountant’s time separate for separate businesses is possible too. The employer would just set up his two businesses as different Account Codes in the system. At the end of the year he could run reports on each Account Code to see how much time his employee worked for each business name. can be configured to accommodate nearly any situation to help keep you in compliance. If you need help with your own business, give us a call! We’re happy to help.

Pay accurate overtime.

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109 Responses

    1. And if working under contract (regular pay for all hours) for one of the businesses and as regular ee for the other business?

    2. I work for an employer in Northern California that has 21 employees and to avoid having to pay higher wages, health benefits, etc., opened another company with a similar name and puts newly hired employees into that company so they both stay under the 25 count. They have separate FEIN numbers, etc., although the same type of work is being done either at the same address or
      at another address a block away. Employees work with each other, both companies share the same admin, sales and HR departments and managers. The overtime is not an issue, but because it’s a “small business” under 25-employees, they can pay a lower hourly wage than if they were an over 25-employer. Currently it’s $1.00 per hour lower. Is this a standard, allowable practice that owners do to skirt their obligations?

      1. Under FLSA regulation, your employer can technically pay you any wage as long as they aren’t paying you below minimum wage. That being said, the fact that your employer is paying different wages at the two locations isn’t necessarily an issue here. In regards to other factors you have mentioned, the FLSA may frown upon your employer’s practices if they are not practicing as two separate employers. There is a fine line between being a joint employee and not being a joint employee. If employees are exchanging services at each business, this might be seen as joint employment. I would recommend speaking with your local labor board or even a legal counsel to get this cleared up.

        1. Hi Lindsay. If I was working for two staffing companies on the same job receiving two paychecks. Is that illegal?

          1. Hi. It sounds like you’re working for two entirely separate companies, which means that you should receive two different paychecks. In your situation, overtime will not combine because the staffing agencies aren’t under the same employer. However, depending on what state you live in, it might not be legal, so it’s best to check with your local labor board or to speak with an attorney about the matter just to be sure.

    1. I am working for 2 companies out of the same building but i only get one check and it is for one job. And i have not signed no contract saying i would just get so much pay for both jobs. I originally started with one job and then another company came in and now i work for both and no extra pay even though they have a payroll for their employees. This is in the state of Texas

      1. Hi there. If you are working for two separate employers, you should get a paycheck from each employer because your hours would be completely separate.

        1. I have the same issue. Except, I still work the same amount of time and hours but my work load has increased because now I have to do work for the new company as well as the old. Should I be getting another check from the new company?

          1. This will all depend on if the companies are completely separate. If both of your jobs are under the same employer, your hours will be combined for overtime/payroll. If they are two completely separate entities, then you will receive two separate checks.

        2. I have a similar situation. I was hired by my employer as a salaried employee. One of the owners of the company also has a partnership with another company and now I’m doing all the work for the partnership with the same pay from the company I was hired through. I have not been compensated by the partnership for any work that I do. They are two different LLC’s and I basically have two jobs and paid from one company.
          None of this was in my job description and I feel that I should be compensated. What can I do? Is this legal?

          1. You can potentially argue that the work you’re doing is against your employee contractual agreement– a collective bargaining agreement, more specifically. In most cases, an employer can give you work outside of your normal work duties. You can try to speak with your boss and let him know in a professional way that you’re not positioned to work on such material. He may give duties to someone else who seems more fit for the job. OR you can speak with a legal representative to see if this breaches your employee contract. If you have a case, you can potentially end up with compensation.

        3. So In my case it’s similar, I’m a cook working at a restaurant, I work/cook for both restaurants in the same building/kitchen own by the same owner. The thing is I only get paid through one company. Is the legal?

          1. Since they’re both owned by the same owner and most likely paid under the same llc, you should have a combined paycheck.

  1. I just found myself in the position of the first scenario today.

    The employer operates two businesses and hires one accountant to do his bookkeeping for both company A and company B. The employer wants to keep his payroll records separated for both companies so he has his accountant clock in using two different time clocks. Occasionally, her total hours exceed 40 but she doesn’t get paid overtime since each time clock system records fewer than 40 hours.

    Can anyone point out the particular laws or what such laws may be titled that I could look into them?

    I am in WA state in the United States.

    Thank you!

      1. My employer has almost everyone (12 full time m-f, 9-5) as 1099, I finally got switched to w-2, but no one else is. They are also doing the 40hrs at this office, 10 at our other oops sorry no OT. I’ve been told both calling employees 1099 is tax evasion and illegal-is this true? Who can I report it to if so? Thank you

        1. Your employer must file employees properly. In fact, the IRS clearly defines what the differences between a 1099 employee and an independent contractor are: If an employer misclassifies a contractor or employee, they are subject to heavy fines and other penalties. The best thing employees can do is fine IRS Form SS-8, which the IRS will review and determine their statuses. If you are put into the wrong category, you might want to speak with your employer about classifying you correctly and if that doesn’t work, you will want to wile a workers compensation claim. To be sure, however, I recommend speaking with a legal counsel first.

    1. I work for a Hospitality management company who manages multiple hotels for different owners or investors. I was hired as a salary exempt general manager for one property. After working for them for 9 months a general manager left another property owned by a different set of investors but managed by the same management company. They appointed me general manager of the other property. I was promised a raise for working the other property and told that I would be receiving a paycheck from my Maine property and a paycheck from the new property. I have been working the other property for 4 months with no pay increase at all when asked January 1st about the raise I was told that I could not get a raise because the numbers at my previous property were not as good as they were supposed to be. I then made the statement how can you require me to work for two different companies under the same management company and not pay me for the job I’m doing. I was told because I was on salary. Is this legal?

      1. It would depend on who’s your actual employer. If you’re employed by two different companies, then you’re owed two W2s. If it’s a single company, then you’re just an employee.

  2. At my work place they say I can’t work 2 separate jobs for the same company because the pay role wouldn’t pay me right if I work the other job I would be making 12 a hour and have a different pay check in that line of work
    Compared to what I make now witch is 10 hour and they say I can’t do that because pay roll wouldn’t work at all anyone have any ideas why that is

  3. im curious can my boss put two different pay rates for two different jobs ( security and maintenance) and not get in trouble for it?

    1. Hi Jay. It’s fine for employees to have different pay rates for the different jobs they do.

  4. I work at a 2 different gas stations both owned by the same owner and run by the same manager. Right now I am being forced to work more than 40+ hours a week and they are changing the stores I go to to keep the amount of hours I’ve worked below 40 hours at each to prevent paying me overtime. I would like to know if this is legal and if someone could help me get a direct quote on the law if such one exists.

    Thank you

  5. I work for a store and its combined with greyhound twin completely different companies only getting paid for the store I work both, can I file a lawsuit in the state of LA?

  6. I do security and msintenance for my employer. He pays me 48 hours on one check with 8 at 1.5x. Then i get another check for anything over 48 but pays me reg rate. Been loosing about avg of 15 hrs a week of overtime over 3yrs. The 2nd check written on diferent company name. But clock in and out once a day. So for last 156 weeks im owed alot of money. How do i get it back?

    1. You can talk to your employer about it. A lot of times employers don’t know how overtime works when they have two companies. It might be easily resolved. But if that doesn’t get you anywhere, try contacting an employment lawyer.

  7. Hi I work for a publishing company (company A). It’s a family business and they have a second publishing company (company B). So I work for company A. My problem is that when our editorial head came back from a meeting she handed us a rush project from company B. I feel that there is something wrong about the situation and somehow fits the 1st example above. Can my employer do this because technically I am an employee of Company A and not by company B even though they are owned by the same employer. That’s why they have completely different and separate workforce and even business related processes and rules. I really need your help in finding the answers to my work issues.

    1. If you are working overtime and not getting paid for it, I would be upfront about it with your employer. Hopefully, that resolves it.

  8. Can an employer use a permanent employee for two different works and get paid only for one work.

  9. i was letgo from 1st job at hospital. i have a second pt job in housekeeping. They say its different departments so im still employed at the hospital. i don’t know if they will fire me for 1st job

  10. My child works for a BBQ place and also a Ice Cream business owned by the same people. They are told the businesses are separate. We live in NC..can this be done legally?. They are not paying her over time. Thk you, Kristina

    1. Hi Kristina,

      You should contact an employment lawyer about it if you aren’t able to get clarity from the business itself.

  11. I work at three different hotels as a relief night auditor (two nights a week at each) each of these hotels are owned by different people, however operated by the same management company and each pay check is signed by the same person does this qualify as joint employment? Am I entitled to overtime pay for the 6th night where my time worked for the week goes over 40 hours?

    1. Hi Todd,

      Since your paychecks are all signed by the same person, it’s worth contacting an employment lawyer about.

      1. Hello , I work at a known store and they have 2 in the same town. I work close to 40 hours a week at one and then cover the other on occasion. If I’m at my 40 and then go work at the other store should I be getting over time ? I’m told it’s separate pay roll and I’m not sure if I’m getting paid the same . Is there anything I can do?

  12. My employer has two different companies, different names and different tax Id’s for each. I work for company B and I’m salaried. I’m being asked to perform duties for company A which is totally different Job description and wasn’t discussed during my original interview. They’re wanting me to fill in when one of Employer A employees are out. Is this legal? I’m feeling pressured.

    1. You never have to do any work that you don’t want to do and if working for Employer A makes you uncomfortable, you should talk with your employer about it. On that note, there could be some legal complications to this but it’s not likely something that couldn’t be managed. For example, your job description/contract may need to be adjusted, overtime will need to be calculated as though you’re working for only one company, the employer may need to have you on two payrolls for accurate bookkeeping. There may be more considerations too. If discussing it with your employer doesn’t ease your mind, discuss it with a lawyer.

  13. What about companies that operate under LLCs, an owner has multiple stores, LLCs and you work in 2 different storesdoing the same thing, Is he obligated to pay overtime or is he protected being an LLC and it’s considered an independent company?

  14. I am employed as a cashier at two stores. I work 3 days (24 hours) at one store and 2.5 days (20 hours) at the other. The first store is solely owned by Mr. Khan alone. Mr. Khan and a partner, Mr. Patel, own the second store. I have been getting separate paychecks from each store. Someone told me that since I work more than 40 hours a week and Mr. Khan is part owner of the second store, I may be entitled to overtime pay. Is that true?

  15. Can a Company that operates in two states and performs the same operation have a plant in one state (Ohio) requires its exempt work 40 hours per week ( and they do pay OT after 40) while in another state ( TN) the same level of exempt associates are required to work 45 per week ( OT is paid here also after 45 hours). IS this legal?

  16. Here in Texas my employer operates 3 LLCs and makes us punch in and out at each one. They have the same accountant that does the payroll. Is it legal for him to make me change time clocks to avoid OT? These three rest homes are owned by one set of owners. I don’t think it is right.

    1. Changing clock time to avoid paying overtime is never legal. If this is what is happening, you should contact a lawyer.

  17. I work for a company that owns 3 businesses were multiple employees cross work, my question is the employees that work say 20 hours at one business and 30 at the other..which business pays the OT?

  18. If an Owner owns 2 businesses and employees cross work between the two
    say 20 hours at Business A and 30 at Business B but Business A gets paid on the 1st and third week and Business B. gets paid on the 2nd and 4th week how is OT determined and then, which business pays it?

  19. The owner at my company has now acquired ownership of two other companies. I manage the HR and the payroll for the main company which is over 150 employees. Is it possible to pay all three companies from the main company and provide benefits to the employees of all three companies under the main company even though they all have separate EIN numbers. One of the companies the owner is only part owner

    1. Set up a multi company payroll but yes combine all ee’s when shopping for insurance (through a peo or let the broker handle it)… Do take measures to deduct funds from the proper company’s account per each ee when paying the insurance.

  20. Hi I’m working for one employer, and he has two companies I’m employed as a driver, so the company A is t*** distribution and B is t*** logistics but he insists that the two companies are the same companies and whenever he needs us on company B he will use us without any compensation, what can i do?

  21. My employer has me working for two different companies but is only paying me for one. What can I do about this?

  22. I worked for an employer who hired me to place ads through craigslist for him. I ended up posting for all 7 properties they owned and each one was it’s on corporation. Craigslist has time constraints, so I would post for another property during that time. Would this be considered simultaneous hours worked? I was also paid 7 different checks for the 7 different companies. I worked 8 hours a day doing this, so would they have to combine every property as 8 hours a day?

    1. I don’t quite understand. If you worked 8 hours in a day, you worked 8 hours no matter how many properties you technically “worked for”. One person didn’t work more than 8 hours in an 8 hour period.

  23. I have 3 diffrent llc that each have employees but they are all being combined and paid from my Corporation, we are trying to get enough employees together so we can purchase health insurance as a group. They normally only work at one location but their time is tracked and they would be paid overtime if their comibined hours were over 40. I am being told that you cannot pay your employees from just once compnay unless you are an employee leasing company that each company has to pay their own payroll, is this true and where would I find more infomation about this?

  24. Can an employee be paid by two companies for the same job? I know someone who receives two separate cheques from two different companies and now wants to be paid overtime twice from both companies, is this right

  25. I have a question, My employer owns 4 bagel shops which their names are identical at the four locations in New Jersey. My employer has the employees work at one location for a total of 40 hours, and than he will send the same employee to another location for 20+ hours.
    The employer says because the different locations have separate tax ID numbers he is not repsonsible to pay the time and a half for the additional hours therefore you are working a total of 60 hours and only getting paid straight time with NO OVERTIME RATE.
    My question is, Is the owner breaking the law because of his intentions of munipulating the system, and not paying the employees time and a half because the employee is working at a different location because the employer does not pay any overtime within all four companies that he currently owns.
    I find this totally unfair, and in my opinion I feel that he is breaking the law, and cheating his employees out of money that they do deserve firm the employer.
    Please help me, and give me some advice as to what would be the next step I’d there is a legal issue that can be brought up in a court of law.
    Thank you

  26. I work for two different hotels both owned by the same person. I get paid two different rates and have two different job titles I work more than 40 hours a week combined with both jobs so do I still qualify legally for over time?

    1. That’s a tricky question! I’m guessing you could certainly make the case for it. You can check with your local labor board for a professional opinion. That’s your best bet at this point.

  27. I work for amada senior care that is franchised and have been working for two different owners with different LLC’s but both use the name amada senior care. They use the same payroll company too
    One is amada senior care Mpls the other amada senior care twin cities. After helping them out when they both took off on vacation and left the clients with no back up. I told them I would go into overtime but they waited to tell me when I got paid “oh we are so sorry we can’t pay overtime we are seperate business not associated with eachother” I have emails and msgs from both of them saying completely the opposite. They are using infinity payroll services also. Do they have to pay overtime my hours have been 130 and even 155 hrs in feb that’s for 15 days so I feel so taken advantage of.

    1. I’m sorry that you feel taken advantage of. You stated that two different owners with different LLCs own each business- this means that you are working for two different employers. Overtime would have applied if one person owned both of the businesses that you are working for. If the two businesses were filed as the same exact company with the same owner/employer, you would be entitled to overtime. Check with the Department of Labor for more information:

  28. I want to know can I work for the same company but through two different temp agencies with the same 12 hour shift is that possible or what will or can happen

  29. Can a person work for two different contract labor companies, hold different roles and pay rates but work at the same client location? Getting paid thru two different companies and only getting overtime based on the separate total hours.

    1. It sounds like you are working for two different companies entirely, so you should be fine working for the same client and getting separate checks.

  30. I was hired to work for one of the two businesses my boss has within the same office setting. He stated he would hire a second person to work the other company. He has thrown me into working for both businesses without actually hiring me for the 2nd one. He has 1 time clock set up and payroll comes out of only one of the companies. He is also been known to adjust hours. He is the only person who has access to the time clock. Is this legal? without actually hiring me to work the 2nd company can he legally only pay 1 hourly wage for two businesses?

    1. If you are working under 2 companies for the same employer, he should combine hours from both companies for your payroll, and yours hours should be combined for overtime. Adjusting hours in unlawful and he should pay you for all hours that you work. You may want to bring this up to someone in your office to ensure that he is not adjusting hours.

  31. I work for a restaurant that has four locations, each operated under a different LLC. We are salaries employees that are required to work at all for locations through out the week. Does overtime pay still apply in this situation?

    1. Good question! It sounds like you’re working for a joint employer. That’s basically two companies that are controlled by the same or related people. OT should probably apply under that situation.

  32. I work for a dentist. He owns two different locations with different company names. Monday and Saturday I work in one locations in Stamford CT . Tuesday thru Friday I work the NY office. He intends on paying me separate because he does not want me to pay me overtime. Is this joint employment as well. Before I spoke with him regarding this matter he was paying me no overtime but my check all together, now he’s separating my pay. What does this mean?

    1. If one employer owns both companies, it is considered joint employment. Therefore, your hours should be combined for payroll and overtime. In Connecticut and New York, employees are expected to earn 1.5X pay over 40 hours in a workweek, and your employer should certainly pay you for any overtime you accrue. I would speak to your local labor board to make sure that both states count you as a joint employee.

  33. Can I work in 2 separate positions for the same company? I am a Department manager for this company and work 40hrs. I was wondering if I was employed by a different department could I also work 40hrs with out it being considered overtime?

    1. Hi there. Even though you’re working in a different department, the whole entire company probably uses the same payroll processor and is most likely under the same employer. If that’s the case, your hours will be combined for overtime if you worked at both positions.

  34. Hello,
    So i have worked for this property management company for over 2 years and they send me to a different property for over a year to work alone. i came back to my home property in July of 2019 well they are making me work at the other building 2-3 times a week witch is out of my way and my the building im employed by. I told my supervisor that i wont work there again and being a float without having a pay raise and he said no because it a sister property and they need my help too and i will be getting the same hours… is t his against the law?
    I live in Colorado. I do maintenance work and im also almost 5 months pregnant. they know im expecting. Also the property they wants me to go back to is a very hard property to work at.

  35. Hi

    My employer informed me that I will be working for a company related to but independent of my employer. Is this legal especially when it is for one salary? If I am to work for another company, I should be paid for it.

    1. If the other company is truly a separate company, your employer will have to split your time with each company and pay you accordingly. This means that you’ll have separated hours with separated payroll, which means separate taxes too. If your employer is not splitting up the hours and paychecks, then you may not be considered a “joint employee”, and it’s fine to combine your hours and payroll. I would suggest speaking with your HR department about this issue so you all have an understanding about whether or not this situation would make you a joint employee or not.

  36. Hi,

    My employer says I have to work for a company in which he describes it to be a separate, independent company. No discussion of a raise or a separate pay. Is this legal? I feel I should receive a pay if I have to work for this separate co.

    1. If your employer has you working at two entirely different companies, your employer will have to separate your hours and calculate your overtime accordingly. If you’re an hourly employee, your hours will be separated by each company and overtime will be separated by company as well.

  37. I work at a machine shop as a grinder. Business is a little slow. Our employer said some of us may file for unemployment and a few others he is going to have work for him at another one of his businesses in landscaping/home improvements. I do not want to do this type of work. Would not accepting this type of work disqualify me for collecting unemployment. I live in Wisconsin.

  38. I work at a hospital as a tech but I also work as a doctors assistant who see’s patients in the same hospital. I get paid from of course the hospital and with a check from the Dr I assist. Of course I know my role when I’m doing each job. However after approval from HR they are saying I cannot do both because it is against labor laws. Can someone please help ?

    1. You are legally allowed to work for multiple companies at once, as long as you don’t sign a contract that says otherwise. If I were you, I would check with a local labor board to see what my state’s laws are in regards to working for multiple companies and for multiple employers.

  39. I work for 2 companies, different tax IDs, owned by the same owners and get paid for just one of the companies. I am supposed to be an executive for both but only have one employee contract for one company that states my role and pay info. There is no mention of the other entity and I have never received pay from them. The owners say it’s legal and they have talked to the DOL, I just find that hard to believe as they are already being investigated by the DOL. Should I be paid for the other company? This is in Texas.

  40. Hey!

    I’m trying to make sure if I’m understanding things correctly. Here’s my question, I work for two different companies but they’re the same exact owners. (I’m a ride operator, a carousel and a drop tower, the location is in the exact same place) Alright, for example a couple days ago I had worked an 11 hour shift, but they made me clock out of one time card (4 hours in that one) and 7 hours in the other time card, so that it’s from the two separate rides. Am I supposed to be getting paid overtime? Feel free to ask questions if I’m not being clear enough! I live in the state of California if any laws apply.

    1. That’s a good question for your local labor board. There are guidelines they can help you understand.

  41. Hi,

    I work 2, sometimes 3 different job titles for the same company. Each job has a different pay rate. One is minimum wage plus tips, and the other 2 at the same rate coincidentally (delivery driver and the other is prep lead that I received a raise for). This is in the state of Texas. My question is, if I work over 40 hours between 2 or 3 different jobs within the same company, am I eligible for OT? If so, how would the employer determine the pay? Which pay rate would they base the OT off of?

    1. If you are truly working for the same employer within the same company, overtime is calculated for all of the hours that you work. This means that you’ll combine hours from job 1, job 2, and job 3 to get your total overtime for the week. In regards to a rate of pay, typically an employer will take the average of all pay rates and will pay you 1.5X whatever that average rate is.

  42. Can a care giver work 12 hour shifts with 2 hour in between shifts. It would be working for two different agency. I know about the 16 hour rule when you work one job there has to be a 8 hour gap.
    What about when you work for two other agencies.
    One agency is private care only where the client himself pays while the other is more less Medicare Medicade.

    1. Since you work for two different agencies, your hours are most-likely separated. Meaning that your breaks are dependent on how many hours you work at each individual agency. To check your break laws, I would suggest speaking with your local labor board.

  43. Can a employee work in a nursing home for 2 different companies? One which is the owner and the other contracted into facility. And does the contracted company have to pay ot after the employee has already worked 40 hr weekly for the owner?

    1. In most cases an employee is allowed to work for multiple employers. The only time it’s not allowed is if you are breaching contract with another employer by working at 2 facilities. You can always check with your local state labor board to make sure you’re okay, but you should be. In regards to overtime, overtime is not combined if your employers are completely two separate entities. If they are two entirely separate companies, your hours are considered separate.

  44. I worked for a company that used two PEO’s for payroll. One company they used for 6 months. Then they switched in February and was laid off in March. Can I still get unemployment even though they just switched PEO’s.

    1. That’s a question for your local unemployment office. Unemployment benefits very by state, so you’ll want to speak with them about your eligibility.

  45. I work for a hotel that is running two separate business out of one ( I was told by my manager that they weren’t allowed to do that) business one is a hotel. Business two is a RV park. I been working for the hotel for about three years. Right behind it they just built a RV park. I got hired to work at the hotel but now they are making me work at the RV park even though I didn’t want to they are making me clock in to work at the hotel do my shift then clock out then clock in to work at the RV park. My employer is putting my hour’s for both business on one check. (Adding them together) Is this legal? should I have a say so about working both place? In Washington state.

    1. If your employer owns both of the companies and does your payroll under the same company, he should technically combine your hours for overtime and payroll. That way, if you work 20 hours at one company and 24 hours at the other company, you would get 4 hours of overtime. If your employer didn’t combine your hours, you would have two separate paychecks for 20 hours and 24 hours at 1.0x your normal pay rate. In Washington, you may have one legal entity with multiple “doing business as” names under it & registered as trade names. So, your employer might be okay running multiple businesses. I don’t know what the restrictions are for processing payroll and combining hours, so I would suggest contacting Business Licensing Services or speak with your local labor board to get more answers.

  46. I work gt a circle k that also has a subway it’s Franchised I was hired store part then they moved me to Subway part but I have to do both jobs for the same pay is that right and legal

  47. How about this situation? Our company has multiple companies that are unrelated (Energy services, convenience stores, construction, etc). We have a service technician that works 40 hours per week at $18. He is looking for extra money so would like to fill one of our open part-time positions at the convenience store, but we obviously cannot afford pay him that rate + overtime. Even a lower rate at overtime is more than position pays.

    I understand that employers try to manipulate the system to avoid paying OT, but here is a scenario where it hurts the employee. Are there any options to allow him to work there without paying him OT. Would we be allowed to set the rate lower so the OT Rate would equal the regular wage we pay?

    1. First, FLSA law requires employers to pay employees at 1.5X their normal rate of pay when they work over 40 hours in a workweek. That being said, an employer must pay an employee overtime. Additionally, most states have their own overtime laws, so employer must follow whatever their state says in order to stay compliant. Ultimately, there’s no way an employer can avoid paying an employee overtime when they earned it. In your specific scenario, the only way an employer can avoid paying that employee overtime for both companies is to make sure that the two companies are completely separate. That means different payroll, different LLCs, etc. If the employee works for two entirely different companies, the hours won’t get combined for OT. I suggest that you speak with an HR rep in your area about this to learn more about staying compliant within your state.

  48. I work in a semi agriculture service working cattle at a public livestock market. The owner of the livestock market also owns a ranch/farm that he sends his employees over to occasionally. When I first started working there, every time I went to this ranch I had a separate paycheck waiting for me on pay day. After three years, I no longer get a separate paycheck. At the ranch I got a piece rate for every day I was there. At the market I get paid by the hour. Is this legal? I am in the state of Idaho

    1. Well, you would first need to determine if your employer’s companies are technically “joint”. If they are, then your hours should have most likely been added together for payroll purposes. I suggest that you speak to an HR expert about this issue.

  49. I work at two locations. I just talked with the boss and he says that it is two separate companies with separate tax id numbers but my checks show my hours from both locations all on the single check. The checks all say they are from one company despite what he had said about being separate companies. Am I within my rights to expect overtime and benefits due to working over 40 hours?

    1. If the companies are truly different companies, he would have to give you two separate checks. If they were under the same ID, he would combine your hours for overtime. I’m not sure what state you’re in, but they may have “Multiple companies- 1 employer” rules in place. I suggest reaching out to your local labor board to ask them about their rules regarding an employer with multiple companies.

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