Is it legal to make me work 2 different same day shifts to avoid overtime?
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Is it legal to make me work 2 different same day shifts to avoid overtime?
I’m in CA and I was booked through Company A as an independent contractor for an event. They separated the event into 2 different things but the client company B remained the same. The 2 contracts are identical except for event titles which were both part of the same convention main and breakouts. Company A is maintaining they don’t have to pay me overtime. However, there is no separate DBA for Client Company B here so I don’t see how a simple separation of paperwork absolves them from paying overtime. Both contracts spell out over time
after 8 hours.
Asked on February 21, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it is not legal. The law doesn't allow employers to circumvent the overtime rules by splitting work into different shifts, or having it at different locations, or charging/attributing it to different projects or clients, etc. If you work more than 8 hours in a day for Company A--or even for Company A and B, if both A and B have the same owner (or A owns B, etc.)--you have to be paid overtime in your state. If not being paid overtime when you should be, contact your state department of labor, which will look into the reality of the situation, not how the employer chooses to describe or characterize it.
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