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Q&A: We have an hourly employee … two different locations and under two titles… Will he need to be paid overtime?

Question:

We have an hourly employee who will be working at two different locations and under two titles, 25 hours at one location and 25 hours at the other. Will he need to be paid overtime?

Answer from Kara, JD, SPHR

Yes. Titles, job duties, and locations are irrelevant—focus only on the total number of hours worked by the individual for your organization.

Under the Fair Labor Standards Act, non-exempt employees must be paid overtime for all hours worked over 40 in a workweek for a single employer. In some cases, an employee working a schedule like this for two separate companies may even be entitled to overtime, assuming the organizations have the same owners and management or otherwise qualify as joint employers.

Failure to pay overtime may result in significant penalties, as employees who bring a successful claim are often entitled to double what they should have earned in overtime under federal law and frequently have similar remedies under state law.

Kara, JD, SPHR

Kara, JD, SPHR

Kara practiced employment law for five years before joining us, and worked in Human Resources for several years prior to that. As an attorney, she worked on many wage and hour and discrimination claims in both state and federal court. She holds a Bachelor of Arts degree from Oregon State University and earned her law degree from Lewis and Clark Law School.

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