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Employers Try to Avoid Overtime Through Multiple Paychecks

Avoiding Overtime with Multiple Paychecks
Rick worked as a painter for a small local company.  There was no question he was non exempt from overtime- he performed manual labor and he was paid hourly, not on a salary.

His employer, however, tried to skirt the overtime premium payment by paying him his first 40 hours on the company account, then paying the additional hours over 40 from another company's account (a company owned by the same individual).

As a result, his paystub never reflected his overtime hours, and he was never paid the 50% premium for those hours, which were substantial.

Rick knew he had been shorted, but was not sure what to do about it.  

Overtime Law Solution

When we reviewed Rick's personnel records, the sleight of hand was obvious and easy to follow.  There was also no paper trail showing he had ever done any work for the second company.  In fact, his testimony was clear that they did not change jobs or job sites during the week, and that all of his work was for the first company.

We were able to obtain a settlement for Rick that compensated him appropriately for his overtime hours.

Postscript

In addition to compensating Rick for his hard-worked hours, the settlement hopefully served as a lesson to the employer to stop trying to cheat the overtime laws.

If you are in a similar situation, remember that it always is harder to get away with these things than people think.  If you consult with an employment lawyer, they should be able to determine whether you are owed additional pay and whether your employer is trying to lay a fake paper trail to avoid overtime obligations.

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We have years of experience helping people with wage and hour issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog