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If an employee works for 2 employers in the same nursing home facility and goes over 40 hours, who pays the overtime

Kenilworth, NJ |

Individual works 40 hrs. for one employer and 25 hrs. for another

correct the address to rtp6874@comcast.net

Attorney Answers 2


  1. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, if the employee truly works for two different employers, then there is no "overtime" - just two part-time jobs that add up to more than 40 hours per week. Frequently, however, these multiple employer situations are sham arrangements set up to allow an employer to avoid paying OT; the 2nd employer is really the first employer under another name. If there are enough contacts between the two employers, the employee may be a 'joint' employee as well - meaning that OT may have to be paid. The employee should speak with an employment attorney ASAP.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies. /Christopher E. Ezold/ The Ezold Law Firm, P.C. Employment, Business and Health Law One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com


  2. In this fact pattern you are not entitled to over time.

    Assuming there really are 2 employers and not just one trying to play games.

    You should contact an attorney to go through all the facts.

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