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If I have 2 companies with 2 EIN, can employees work for

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both and hours kept...
If I have 2 companies with 2 EIN, can employees work for both and hours kept separatly
Submitted: 1 year ago.Category: Legal
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11/21/2016
Lawyer: ScottyMacEsq, Attorney replied 1 year ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
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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.

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

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

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Lawyer: ScottyMacEsq, Attorney replied 1 year 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.

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

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

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Lawyer: ScottyMacEsq, Attorney replied 1 year 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.

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

Okay?

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Lawyer: ScottyMacEsq, Attorney replied 1 year 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.

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Lawyer: ScottyMacEsq, Attorney replied 12 months ago

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

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Lawyer: ScottyMacEsq, Attorney replied 11 months 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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