I have a confusing question. I work for a company that has 1 parent but 2 subsideries. An employee works FT for 1 company and we want him to work 10 hours for the next company from home. Would this mean overtime or not because it is 2 companies? Should he

I have a confusing question. I work for a company that has 1 parent but 2 subsideries. An employee works FT for 1 company and we want him to work 10 hours for the next company from home. Would this mean overtime or not because it is 2 companies? Should he be classified as a contractor even though we have him on normal payroll?

1 answer  |  asked Mar 9, 2017 7:52 PM [EST]  |  applies to California

Answers (1)

Harvey Berger
Very, very dangerous. Depends on a number of factors. It is obvious you need to speak to an employment attorney, because first, this could easily result in significant overtime liability, so you have to be absolutely clean, and second, you can't just make people contractors to avoid such liabilities.

Glad to discuss

Harvey Berger
Pope, Berger, Williams & Reynolds
619.234.1222
berger@popeberger.com

posted by Harvey Berger  |  Mar 9, 2017 9:34 PM [EST]

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