I have a salaried position with a very large company. I desperately need to get some additional part-time work, and the only good offer I have is with a company that was recently bought out by my current company. Now they're telling me that they can't give me the part-time work at the other company because they'd have to pay me time & a half for that work since both companies have the same ownership and I'd be over 40 hours per week. Is this right? Would they have to do that? I'd be happy with just the regular hourly rate they're offering.
Right or wrong, it does present a significant risk of litigation to them. If you took the job and later decided that you want your overtime, you could easily sue and claim that the part-time work was a clever ruse on their part to get more work out of you without paying overtime. It would cost them tens of thousands to combat that lawsuit, so they are unlikely to risk that exposure for you.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
I agree with Mr. White. Even if you were willing to give up overtime pay - which clearly you are - your employer would still be placing himself at risk. Waivers of overtime pay are voidable unless they are signed under supervision by the Court.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline