Employers Try to Avoid Overtime Through 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 SolutionWhen 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. PostscriptIn 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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