Legal Question in Employment Law in Massachusetts
no t given overtime and works up to 70 hrs/wk
My boss owns two restaurants. I regularly work at each of them, sometimes as long as 70 hrs/wk. He says he does not have to pay me overtime because I never worked longer than 40 hrs/wk at any one restaurant. Is he right?
2 Answers from Attorneys
Re: no t given overtime and works up to 70 hrs/wk
Whether you are owed overtime will depend on a nummber of factors. If you are a salaried managerial employee, you are probably exempt from overtime. I would want to know where your paycheck(s) come from. One factor that might govern your case is whether or not you are paid by the same company. I would like to know if the two restaurants are separate legal entitites. I would also like to know if the owner of the restaurant observed the "corporate formalities." In some instances, nominally separate entities can be treated as a single entity based on legal doctrines such as the "joint employer" doctrine and the "alter ego" doctrine.
Re: no t given overtime and works up to 70 hrs/wk
Assuming that the same legal employer owns and operates both business locations, I believe that your boss is incorrect.
You should speak with an attorney confidentially and explore your legal remedies. There are very harsh consequences for employers who violate the Massachusetts Wage and Hour statutes. Please do not hesitate to contact this office if you would like to discuss this matter.
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