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If I am working in 2 different places with 2 different Tax ID for more than 40 hours a week in both locations

Cincinnati, OH |
Filed under: Employee benefits

but still less than 40 hours in each location, and the owners or on of them owns part of those 2 locations. do they have to pay me overtime, or as long as the two places have 2 different Tax ID they do not have to
Thanks

Attorney Answers 2

Posted

The issue is usually whether the same owners or bosses control your work assignments. Courts generally cut through red tape like "Tax Id's" and look at the economic realities.

Definitely worth exploring with an OH lawyer, because you may be owed lots in overtime. The theory is "joint employment."

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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Posted

The first answer is correct. If the two businesses are, in practical reality, the same - generally viewed as a matter of control over the day-to-day operations and who gets the profits from each business - then they could be treated as one business rather than two. You should really consult with a competent local attorney who has experience in payroll tax and employment tax matters to find out what the correct answer is based on all the facts of your case.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com

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