Login

Member Portal Join Email List  |   Events  |   BLOG  |   VLOG

Q&A: 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?

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.

 Sign up to get advice from an HR Pro!

Kara practiced employment and bankruptcy law for five years before joining us and was a Human Resources Generalist at an architecture and engineering firm 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.

Related Blogs

09 Aug 2018
Q&A: We’re thinking of adding a dress code to our handbook. What should we consider?
Question: We’re thinking of adding a dress code to our handbook. What should we consider? Answer from Kara, JD, SPHR: As with any policy, the big thing to keep in...
02 Aug 2018
Q&A: We’ve seen a lot of turnovers lately. Do you have any tips for increasing retention?
Question: We’ve seen a lot of turnovers lately. Do you have any tips for increasing retention? Answer from Kyle, PHR: Employee retention is one of the most difficult and expensive...
26 Jul 2018
Q&A: Question: An employee injured off the job would like to return to work, but we’re concerned about her safety and her ability to do the job…
Question: An employee injured off the job would like to return to work, but we’re concerned about her safety and her ability to do the job. How should we proceed?...
Subscribe For Updates

Subscribe For Updates

Get more info on our latest course, Side Hustle Blueprint. Human Resources is your JOB. Entrepreneurship is your DREAM. 

You're all set! Check your email NOW.