Category Archives: Overtime

Does an employer have to pay overtime to employees who work at more than one of the employer’s locations?

Everybody knows that an hourly employee is entitled to 1&1/2 times the regular rate of pay for each hour worked over forty in a week.  But, what about an employee who works more than one job for the same employer?  

For example, say an employee works thirty hours in a week at Job A, and then 20 additional hours at Job B that same week.  Does the employee get paid 10 hours overtime?  What if the jobs pay different hourly rates? How would overtime be calculated then?

The answer can depend on many factors.  If the employee works Job A and Job B for separate, unrelated employers, then neither employer should be responsible for overtime.  But what constitues separate and unrelated can be tricky.  What about an employee who works at two different stores of a retail chain?  Or at a restaurant and office owned by the same company?  What if the employee mows the lawn at the home of his boss on the weekend?

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Overtime

The overtime law states that all employees who are not exempt from the FLSA must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek.  Although this sounds like a simple rule, it is far from simple.  In fact, the overtime laws are incredibly complex.  There are a number of arcane rules and broad exemptions that employers often rely on in an attempt to avoid their obligation to pay overtime.  As a result, unpaid overtime is one of the most frequent sources of employee complaints.  Overtime class action cases are one of the fastest growing types of employment litigation in our federal court system.

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