If you work at two jobs for one employer, overtime pay is due if you work more than 40 hours in the week at the two jobs combined. Even if the two jobs are at different locations owned by the same employer, the hours are totaled.
I. Common Ownership at Two Locations.
An employer who shares employees between two locations must total the hours at both locations to see if more than 40 hours in a week were worked and the employee is entitled to overtime pay.
The owner of five hotels in St. Petersburg, Florida, paid $23,368 in back wages and liquidated damages to 30 employees for violating overtime and record keeping provisions of the Fair Labor Standards Act (FLSA).
The employees did not work more than 40 hours in a week at any one hotel; so the employer paid straight time for all hours worked at each hotel. This violated the FLSA. Even if the employee is given a separate check by each hotel; this scheme cheats the employee out of overtime.
II. Straight Time is Not Overtime.
When employees worked at the Hollander Hotel and the Avalon Hotel during the same workweek, the employers failed to combine those hours when determining whether overtime was due.
This practice resulted in overtime violations when those hours totaled more than 40, yet the employers failed to pay overtime – instead paying employees separately for the hours they worked at each location, at straight time. Overtime must be paid at 1 ½ times the employee’s Regular Rate of Pay.
III. Salaried Maintenance Employee Earns Overtime.
The employers also miss-classified one salaried maintenance employee as exempt from the FLSA’s overtime requirements and subsequently failed to pay the worker overtime for hours worked beyond 40 in a workweek.
Just because a job is paid a salary does not mean it is exempt from overtime pay. For the most common exemptions from overtime (the Executive, Administrative and Professional exemptions), there is a two part test: (1) paid a salary and (2) certain job duties. Both parts of the test must be met to avoid paying overtime. Otherwise, employers could deny all jobs overtime by making all jobs paid by a salary. For more information on the salary test: DOL Fact Sheet on Salary Basis test.
The five St. Petersburg hotels involved in the FLSA violations are:
Hollander Hotel, 421 4th Ave. North;
Avalon Hotel LLC, 443 4th Ave. North;
Bay Plaza Hotel, 419 3rd Ave. North;
Mari Jean Hotel LLC, 2349 Central Ave.; and
Lenox Hotel LLC, 325 6th Ave. North.
IV. Consult an Attorney.
This “common ownership” violation of the FLSA is often a problem at businesses with common ownership who share employees such as: restaurants sharing kitchen or serving staff, ambulance companies sharing paramedics, landscaping and construction crews working for different but commonly owned companies.
If you are denied overtime pay because you are working at two locations for the same owners, you are still entitled to overtime pay for over 40 work hours in a single work week. Check to make sure you keep a record of all time worked. All of this time at both jobs at both locations counts toward the 40 hours in a work week.
Employees who are owed overtime can collect (1) back wages for all “Hours Worked” and any unpaid overtime, plus (2) liquidated damages in an additional amount of the same back wages and overtime, and (3) attorney’s fees and costs.
The Ken S. Nugent, P.C. Overtime and Unpaid Wages team of attorneys can help you determine whether you are entitled to overtime pay. Our team covers the entire state of Georgia. We have eight Georgia offices ready to protect workers in small town and rural areas who are being cheated on their earned overtime. We have an office with overtime attorneys near you: Albany, Atlanta, Augusta, Columbus, Duluth, Macon, Savannah, and Valdosta. To reach one of our eight locations in the State of Georgia, please contact us at 1-888-579-1790 to get details about your case today or request that one of our team of Overtime and Lost Wages attorneys contact you by leaving us your information or questions at our Overtime and Lost Wages website practice page.