Can my employeer deduct pay from a second check?

I work full time 40 hours a week doing general office work. And I work a second job, I clean the office after hours. I recieve two separate paychecks for the different job duties. I missed a day of work on the 40hr a week job. And I took a vacation day to cover that day off. However I DID NOT miss a day on the second job. My employeer shorted me a day on second check. the explaination I recieved was that I
had to work 40hrs a week in first job in order for the overtime rate to be calculated the right way. Is there any truth to this and if not what should I do?

2 answers  |  asked Nov 2, 2009 3:42 PM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
I agree with Neil, but add a caution to make sure that the employment is for the same employer. Ther are instances where you can have 2 jobs at the same site, but paid by different entities that would not be considered joint employers. You should see an employment lawyer near you to determine whether or not there is a violation of overtime rules under either federal or state law.

You can select an attorney near you at

posted by Bruce Elfvin  |  Nov 3, 2009 07:30 AM [EST]
Neil Klingshirn
If you work for the same employer, all of your hours worked count towards the same work week. Your employer cannot avoid overtime by splitting your work week into two jobs.

The Department of Labor has regulations that cover this situation, which it refers to as "joint employment." The idea is that you can work for two different employers, in which case your overtime is calculated separately for each. However, if the employment is by the same employer or associated employers, then, unless "completely disassociated from employment by the other employer(s), all of the employee's work for all of the joint employers during the workweek is considered as one employment for purposes of the Act. In this event, all joint employers are responsible, both individually and jointly," for overtime.

Here is a link to the DOL regulation:

posted by Neil Klingshirn  |  Nov 2, 2009 6:30 PM [EST]  [ Best Answer - selected by asker ]

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