Friend Of Mine Works At Two Hospitals Owned By One Coorporation She Works Full Time At One Hospital And Part Time At The Other. She Logs Over 64 Total Hours A Week Between The Two. She Has Been Doing This For 20 Years Or More.has Never Been Paid Overtime For Total Hours Over 40. Funny Thing That Her 401k Is Taken Out Of Her Pay From Both Hospitals And She Never Signed Up For 401 K At The Part Time Hospital. Also When Tax Time Comes Around The Irs States The Coorporation Owes Her The Refund For Her Ss Overpayment. And Not The Irs Which Would Be The Case If It Were Indeed Two Separate Payers. Could She Be Entitled To Back Pay And If So How Many Years Can She Go Back. She Is Still Currently Working This Same Way

Concurrent employment at two different locations by the same employer, or even by related employers, must be consolidated to determine whether overtime pay is due. Your friend should contact the state Dept. of Labor and file a claim for unpaid overtime. The problem is that each state has its own statute of limitations by when a claim must be filed. Even if the employer were ordered by the federal DOL to pay back wages, they could only order two years' worth, or three if they found the violation to be "willful". States' statutes of limitations are normally much less, more like 6 mos or 1 year.

Regarding 401(k) deductions, has she contacted the payroll or benefits dept.? If she signed up for 401(k) at the one position, it would make sense that the other location would deduct also. If she did not, does the company have a "passive" enrollment? This would be legal, if the plan mandates it, and the employee would have to actively "opt out" if they didn't want to contribute. What does the employer say when your friend asks them about this?

Regarding SS taxes, if this is the same corporation as you state (same Federal ID number), the employer must refund the overwithheld SS tax. If you friend gets one W-2 form with all wages combined, it is obvious that only one corporation is paying. If two W-2 forms, check the Federal ID Number on each to see if it is the same. Again, your friend needs to contact the employer to get this refund; the IRS is correct.

Thanks For The Reply I Know The 401k Is Not Passive Enrollment Will Get Back With Her On The W-2's And The Fed Id Number. Also Another Hospital Owned By The Same Coorporation In Atlanta Would Not Hire Another Person From Our Hospital Part Time, Said They Would Have To Pay Her Ot If They Did??? Definately Will Advise Her To Talk To Hr And/or File With Dol. The Part Time Hospital Will Most Undoubtedly Let Her Go If They Have To Start Paying Her Ot.