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Split the hours to avoid overtime...

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  • Split the hours to avoid overtime...

    My gf and i both work in a restaurant in Maryland. She had 38.41 hours before she clocked in. She was placed for ToGO, which makes minimum wage. Thus, overtime is about 7.50 or so. She received her paycheck, and actually, she got TWO. One for 19 hours and another for 18...not even adding up to the amount she did before she clocked in. So she not only did NOT get overtime, but they cut her out a few hours. She talked to them, and what did they say? They spun her in circles and said it was for tax purposes. What can be done about this??

    Thanks

  • #2
    Tax Purposes?

    I'm not sure what "tax purposes" means. Under federal law, employees such as your girlfriend must be paid time and one half for hours worked over 40 in a workweek. Keep in mind, however, that not all workweeks are the traditional Sunday through Saturday. The employer can set any day as the beginning of the workweek, as long as the employer doesn't change it week to week to avoid paying overtime.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      yah, our work week is weds until tuesday. She should have had 44 hours. When she went to get her check, she got 2 instead. One for 19 hours and one for 18 so they wouldnt have to pay overtime i guess. Even though then they also cut her hours entirely.

      Comment


      • #4
        Overtime

        This is illegal, if the two jobs are for the same company (with company being defined is a fairly broad stance). Quoting from the DOL website,

        "In Herman v. Harmelech, 2000 WL 420839 (N.D. Ill., Apr. 14, 2000)(unpub.), the court held that Shai and Judith Harmelech qualified as an "enterprise" liable for the payment of minimum wages under the FLSA. In so holding, the court stated that "[a]n `employer' need not be an `enterprise' for purposes of FLSA liability, nor does the employer herself need to have the qualities of an enterprise . . .." Rather the court determined that the term "`enterprise' is roughly descriptive of a business rather than of an establishment or of an employer although on occasion the three may coincide." Slip op. at 5. The court concluded that three elements must exist for FLSA liability to attach to an "enterprise": (1) related activities; (2) unified operation or common control; and (3) a common business purpose. Under the facts of Harmelech, the court found that the jewelry concessions operated by Mr. and Mrs. Harmelech were related because all of the concessions involved the sale of jewelry. Moreover, the court found that unified operation and common control of the concessions rested with the Harmelechs. Moreover, it noted that the concessions were engaged in a common business purpose-the retail sale of jewelry. Finally, in accordance with 29 U.S.C. ยง 203(5)(1)(A), the court determined that the companies were engaged in interstate commerce and had annual dollar volumes over $500,000 such that the Harmelechs would properly be held liable for the minimum wage and overtime violations. "

        Your girlfriend can file a complaint with the state (http://www.twc.state.tx.us/ui/lablaw/wageclaim.pdf) or if they won't help her, with the US DOL (http://www.dol.gov/dol/topic/wages/backpay.htm)
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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