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View Full Version : Interesting TX overtime question . . .


wrenreader
01-20-2006, 05:36 PM
ok, here's complicated one:
I work at a vet lab in TX as low-level lab worker.
It is a privately-owned facility owned by one man.
I work in two buildings on the facility - each is it's own entity -
each it's own company, owned by the same guy.
I worked 48 hours last week (7 days, moving reguarly back and forth from building 1 to building 2) and was paid for 40 of those hours (at regular time) from one building and for the remaining 8 hours (at regular time) from the other 'company'. I was also paid for 0.3 hr. of overtime.
This happened to a co-worker, also, but received no overtime.
I am a new employee and have raised a fuss over this. I am having a meeting with the owner on Monday and he is notoriously unfriendly.
Am I justified, or is this just the way it is. . .
please help by monday morning!!! :eek:

mtracy
01-21-2006, 11:40 AM
This is a farily common way that employers try to get around paying overtime. I will comment only on Federal law. Texas may have additional protections, or it may not.

The FLSA does not look at indivisual "companies" or "buildings" to determine if you are working over 40 hours. The FLSA considers all hours worked for an "enterprise" when computing hours. An enterprise is defined as "A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose"

Thus, if the individual "companies" are part of a unified business purpose, then all hours worked must be used in computing the 40 hours.

A description of the FLSA and the enterprises is found here:
http://www.dol.gov/esa/regs/compliance/whd/hrg.htm

Pattymd
01-21-2006, 02:45 PM
Michael is correct. Texas does not address this situation, so federal law would apply.

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