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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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If I have 2 companies with 2 EIN, can employees work for

Customer Question

If I have 2 companies with 2 EIN, can employees work for both and hours kept separatly
Submitted: 18 days ago.
Category: Legal
Expert:  ScottyMacEsq replied 18 days ago.

Thank you for using JustAnswer.

Yes, employees CAN be employed in two different jobs, even though the "employer" is the same employer. The thing, though, is that if there is ANY overlap, the Department of Labor is going to treat it as a single employer. That is, if you have the employee work 30 hours in one job, and 30 hours in the next, if there's some sort of related work between the two, that would be treated as 60 hours, and if the employee is hourly, the employee would need to be paid overtime for that extra work. The two jobs would really have to be separate for the employee not to be paid overtime. You'd have the burden to show that they're really "different employers". Separating out the responsibilities towards the individiual jobs is important.

Furthermore, even though you're the employer in both, if the employee wishes to quit one job but not the other, you Really should accept that and not retaliate for the other job. The point is to treat it as though it really is two different jobs with two different employers. That's the best way to make sure that you're in compliance.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 18 days ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 18 days ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 18 days ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 18 days ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~45 minutes) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 18 days ago.

Okay?

Expert:  ScottyMacEsq replied 17 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 16 days ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 11 days ago.

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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