Tarpon Springs, FL asked in Employment Law for Florida

Q: is it overtime.

I work at two burger kings owned by the same people. At one store I work 37 to 38 hours a week with federal taxes taken out of my check. The other store I work 25 to 30 hours a a week with no federal taxes taken out. When I asked why no federal taxes are being taken out they said I don't make enough. I.make about $450 a pay period. Is it overtime that they don't want to pay me for?

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2 Lawyer Answers

A: It might be. Go see a labor lawyer about this.

A: It is very likely that you are entitled to overtime. In situations such as this, where an employee works at multiple restaurants owned by one person, courts combine the total hours worked at both restaurants to determine whether or not overtime is appropriate. Therefore, if your total hours worked in a single week is more than 40, you are entitled to overtime. You may also be entitled to liquidated damages of up to four times the amount owed in overtime.

Please contact an attorney as soon as possible to further discuss this matter. It is important that you take action to protect your rights. In the meantime, make sure to save all of your work schedules so that your attorney can calculate the total amount of overtime owed to you.

Finally, lawyers are not allowed to solicit their services on this website. Make sure to choose an attorney with whom you feel comfortable.

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