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View Full Version : Helping out at another one of owner's stores= different paycheck? California


Mikaeru
07-22-2006, 07:19 PM
I'm currently helping out another store that my boss owns, while still working at my current location. I have been working all night 12am-6am at the other store while working 10am-2pm at the other. I'm getting paid travel time, however I was just told that I would be getting paid separetly. I thought I would have been getting all of these hours on my paycheck from my actual work place. Is he doing this just to get out of paying me overtime for my shifts? I was also told that since it was a graveyard shift I would be getting paid .50 cents more for the hours I worked at the other store. What's going on here? Is .50 worth lossing the overtime for? help!

turbowray
07-22-2006, 07:50 PM
I'm currently helping out another store that my boss owns, while still working at my current location. I have been working all night 12am-6am at the other store while working 10am-2pm at the other. I'm getting paid travel time, however I was just told that I would be getting paid separetly. I thought I would have been getting all of these hours on my paycheck from my actual work place. Is he doing this just to get out of paying me overtime for my shifts? I was also told that since it was a graveyard shift I would be getting paid .50 cents more for the hours I worked at the other store. What's going on here? Is .50 worth lossing the overtime for? help!
Even though the store owner asked you to work at his second store, this would be considered a second job,so you would be forfieting the overtime. From now on, I would only help him, if he puts it in writing, that even though this is a different store, he would pay you overtime, if it happens between both of the stores. Are both of the stores the same title and just different locations. I only ask because I worked at two dari marts' that were owed by the same guy,and all the hours were on the same check. If this is two seperate types of stores, I don't THINK that this would apply to you. Another senior member will be along to help you out more. Good luck!!

Mikaeru
07-22-2006, 11:01 PM
Unfortunitly the store with the graveyard shift is a 7-11 where as the other is a deli.

Pattymd
07-23-2006, 02:40 AM
Sorry, turbowray, not correct. The FLSA requires that employees who work at different locations for the same company, or companies related by ownership or management, have all hours worked considered when determining whether overtime is due. The fact that the OP is paid by two separate paychecks is irrelevant, as long as overtime is calculated based on all the hours worked, regardless of where.

Unless there is a enforceable contract, which is unlikely, regarding shift premium, all the OP has is a statement. Mikaeru, have you asked the owner about the shift premium he said he would pay?

Relative to the overtime, you can file a claim for unpaid overtime with the Division of Labor Standards Enforcement.

turbowray
07-23-2006, 05:48 AM
Sorry, turbowray, not correct. The FLSA requires that employees who work at different locations for the same company, or companies related by ownership or management, have all hours worked considered when determining whether overtime is due. The fact that the OP is paid by two separate paychecks is irrelevant, as long as overtime is calculated based on all the hours worked, regardless of where.

Unless there is a enforceable contract, which is unlikely, regarding shift premium, all the OP has is a statement. Mikaeru, have you asked the owner about the shift premium he said he would pay?

Relative to the overtime, you can file a claim for unpaid overtime with the Division of Labor Standards Enforcement.
If I am reading your post right,it doesnt matter if it is the same type of company,and if he is working both jobs for the same owner, he is entitled to overtime, that makes me happy if that is the case. I only mentioned my opinion otherwise because my only experience on the matter was working for an owner that owned two dari marts. Thanks for your knowledge here Patty, you are greatly appreciated!! :)

DAW
07-23-2006, 08:21 AM
I agree with Patty. The federal law in question in FLSA, and the actual regulation [ 29 CFR 791.2 ] is cited below.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_791/29CFR791.2.htm

mtracy
07-23-2006, 09:35 AM
I will also point out that getting paid by "seperate checks" is also illegal. The employer must give you one paystub showing all hours worked and all gross pay. If not, you can get additional penalties for this. The actual checks themselves may be seperate, but the paystub must be consolidated.

Pattymd
07-23-2006, 12:35 PM
No kidding, Michael? What might be the reasoning for that? :confused:

mtracy
07-23-2006, 01:31 PM
I think this post demonstrates one reason for the law. That is, if all hours are printed on one statement, it should be more apparant that overtime is due.

However, the main reason is so to help eliminate "under the table" payments. For instance, I had one case where the employee was being paid the overtime, but it was always paid as cash or on a non-payroll check. The employee was getting paid the full amount of money, but the government was getting shorted on the taxes. Of course, the government could have cited the employer, but they can't investigate every single case. Without this law, the employee would not have been able to sue.

California relies much more on employees enforcing the law via their own lawsuits rather than government investigations.

turbowray
07-23-2006, 02:26 PM
nice to know!!

Pattymd
07-23-2006, 02:46 PM
That was the only reason I could think of too, Michael. Thanks for the information.

Mikaeru
07-23-2006, 03:33 PM
Thank you very much for your help. We will see what happens when I get my paycheck. Hopefully all the hours are all in order, I don't want to believe that my employer is trying to short change me... But he's so cheap at times, I know he has it in him.

Another quick question, if I break my glasses while at work, which would be horrible since I don't have insurance, would I or my employer be accountable. Since without my glasses I would be unable to continue working. Just wondering. The tasks I have to preform at work are tough; I know my glasses are going to get it one day.

turbowray
07-23-2006, 03:39 PM
Thank you very much for your help. We will see what happens when I get my paycheck. Hopefully all the hours are all in order, I don't want to believe that my employer is trying to short change me... But he's so cheap at times, I know he has it in him.

Another quick question, if I break my glasses while at work, which would be horrible since I don't have insurance, would I or my employer be accountable. Since without my glasses I would be unable to continue working. Just wondering. The tasks I have to preform at work are tough; I know my glasses are going to get it one day.
I go through clothes like mad at my work, but they are not responsible for buying me new ones. If a box of merchandise fell on you, and as a result, your glasses were broke, that may be different. I may be wrong, but I just don't see it happening otherwise in an accident of some sort. I hope I am wrong! Good luck!

ElleMD
07-24-2006, 10:19 AM
If your glasses are broken as a result of a workplace accident, the cost of new ones may be covered under WC. It varies by state and situation. My state for example, only covers them if they are broken in the course of an otherwise compensable accident. If you just drop them and they break, it wouldn't be covered.

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