Can you be denied overtime working for two related companies.
I work for a catering company that recently partially split in to a catering division and a hotel catering division. The owner of the hotel catering side is a part owner of the main division, the staff is the same, the equipment is the same, and the person who schedules staff is the same. However, they say that overtime is not required since there are two paychecks. I can't see how that is above-board.
1 answer | asked Sep 21, 2012 7:05 PM [EST] | applies to Pennsylvania
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.
That being said, it appears as if you are really working for one employer, or are a 'joint employee.' If there is shared control, the employers are not truly disassociated from each other, etc., your time for both would be merged together in calculating overtime. It appears in this situation that you are owed overtime, but I'd have to review all facts and circumstances with you to give a firm opinion.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Sep 24, 2012 3:58 PM [EST]
That being said, it appears as if you are really working for one employer, or are a 'joint employee.' If there is shared control, the employers are not truly disassociated from each other, etc., your time for both would be merged together in calculating overtime. It appears in this situation that you are owed overtime, but I'd have to review all facts and circumstances with you to give a firm opinion.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Sep 24, 2012 3:58 PM [EST]
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