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Could you tell me what the wage and labor laws regarding an…

Hi, could you tell...

Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Alabama

Lawyer's Assistant: Has anything been filed or reported?

What do you mean filed? Payroll?

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Answered in 5 minutes by:
3/7/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,564
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

There are no wage and hour laws concerning this issue. An employee may be a W2 employee at two locations. Where you run into issues is with the employer not wanting an employee to work two jobs. They can actually make a demand that an employee not work a second job, with the loss of their job being the penalty.

The other issue is who one is working for at any given time, if either of the jobs are salaried exempt. A salaried exempt employee can be said to always be working for that salaried exempt employer. If both are hourly employers, this is not an issue, as long as the employee is never double billing, meaning billing both of the employers for the same time frame. You cannot simultaneously work at two places at the exact same time.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
Allen, what statutes cover this? I was hoping for a citing that I could research more for use. Thanks,

In my first sentence, I stated that there is no law concerning this issue. By that, I mean there is no statute.

This is not something covered by a statute, because the wage and hour laws simply do not apply.

Everything I said after that is common law, meaning things from cases where, in the absence of a specific statute, courts had to figure out whether or not what a person was doing was ok or wrong. That is actually a lot of employment law.

So, while I appreciate your desire to look at a statute, there isn't one and I can't show the absence of a statute.

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Customer reply replied 4 months ago
Thanks Allen! I will circle back after some digging into US Wage and Labor.

Sure. If you want to specifically discuss something that you find and how it might generally impact the question, let me know.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,564
Experience: Employment/Labor Law Litigation
Verified
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