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Can my employer make me work two jobs at the same time (scale and heavy machine operator) just to keep from paying overtime?

Highland, NY |

The company does not keep the minimum staffing to run all buildings and refuses to hire new employees. We have lost 4 employees in the last year and a half, none have been replaced. My boss has me run a loader and an outbound scale located at another building. So I (and others) have to run back and forth between the buildings. Those employees that were cross trained are expected to do this while other employees just focus in one task because there are or will not cross train. I believe this to be a form of discrimination because I want to learn other jobs why should I be expected to work multiple jobs at once? Thank you for any help you have.

Attorney Answers 3


  1. Unless there is some contractual or union prohibition, I see no problem with the employer having you multi-task during your day. If you are working more than 40 hours per week you should get overtime.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. This is the type of problem that only a union can try to solve. You and your coworkers need to look into union organizing. Hiring a lawyer will not solve your complaint.


  3. You should be getting overtime for all work over 40 in a week. If you are working on a prevailing wage job you should get overtime after 8 hours of work in any day.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

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