Legal Question in Employment Law in New York

pay check

I currently work for 2 companies owned by the same employer am I entitled to 2 pay checks per week instead of one. When I was hired I was hired to work for one company and one position. Then they gave me a $ 1.50 raise which brought my wage to $ 11.50 per hour. is this legal.


Asked on 7/13/08, 10:00 pm

1 Answer from Attorneys
Andrew Frisch Morgan & Morgan, P.A.

Re: pay check

The way you've described it, this is illegal, as long as either the company is covered or you are individually covered under the applicable overtime laws.

To the extent your combined hours reach over 40 in at least some workweeks, they should likely be paying you overtime of time and a half for all hours over 40 (combining both positions). If they are paying you straight time for hours over 40 (i.e. treating the jobs as 1 job for 30 hours and the other for 30 hours and paying 60 hours at straight time) this is likely a violation of NY State and Federal overtime laws.

I regularly handle cases on behalf of employees seeking repayment of unpaid overtime on a contingency basis (no up front fees/costs). If you'd like to discuss this matter further, feel free to contact me at 1-888-OVERTIME for a no cost consultation.

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Answered on 7/16/08, 8:01 am


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