Virginia Beach, VA asked in Employment Law and Legal Malpractice for Virginia

Q: Is it legal in virginia to have more then one worksheet to avoid paying overtime?

I am asking in reference to store chains where the same person is the boss of the same company and they bounce employees between 2 stores and have them work over 40 hours a week

1 Lawyer Answer
Merritt James Green
Merritt James Green
PREMIUM
Answered
  • McLean, VA
  • Licensed in Virginia

A: If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be if each location is separate employing entity (separate payrolls, independent legal entities, etc.). But, that is beyond scope of this question. If that is case, contact an attorney.

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