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Should I get overtime wage?

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Dno1986

Junior Member
What is the name of your state (only U.S. law)?
New York

I work for a company that recently changed Their DBA name mid-week. I worked 55 hours that week and the company gave me one paycheck for 42 hours and one paycheck for 13 hours without overtime rate. Should I have been payed overtime for those 13 hours?
 


xylene

Senior Member
What is the name of your state (only U.S. law)?
New York

I work for a company that recently changed Their DBA name mid-week. I worked 55 hours that week and the company gave me one paycheck for 42 hours and one paycheck for 13 hours without overtime rate. Should I have been payed overtime for those 13 hours?
Hours worked are hours worked. The DBA name change doesn't impact this.

Contact NYSDOL if your employer does not make this right. It may be some clerical oversight.

Maybe... sounds like shenanigans to me.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
New York

I work for a company that recently changed Their DBA name mid-week. I worked 55 hours that week and the company gave me one paycheck for 42 hours and one paycheck for 13 hours without overtime rate. Should I have been payed overtime for those 13 hours?
To be clear, you're owed OT on 15 hours, not 13 hours.
 

LdiJ

Senior Member
Hours worked are hours worked. The DBA name change doesn't impact this.

Contact NYSDOL if your employer does not make this right. It may be some clerical oversight.

Maybe... sounds like shenanigans to me.
There is a good chance that its shenanigans. However, its also possible that its a new owner and the OP only worked 13 hours for the new owner.
 

PayrollHRGuy

Senior Member
If it was just a DBA change the underlying employing entity didn't change. If the entity transferred to new ownership it is still the same entity. If it is a completely new entity (entity A took over entity B) there might be a question but the DOL will usually rule that there was no change in employment.
 

xylene

Senior Member
There is a good chance that its shenanigans. However, its also possible that its a new owner and the OP only worked 13 hours for the new owner.
I'm not seeing how under new york state law a change in ownership resets the work week for DOL purposes.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
New York

I work for a company that recently changed Their DBA name mid-week. I worked 55 hours that week and the company gave me one paycheck for 42 hours and one paycheck for 13 hours without overtime rate. Should I have been payed overtime for those 13 hours?
Do me a favor...break down by down how you arrived at the hours you worked please.
 

LdiJ

Senior Member
I'm not seeing how under new york state law a change in ownership resets the work week for DOL purposes.
Ok, let me try to give an example:

Company A is struggling and is put on the market. Company B is interested but believes that the company has too much debt, so they decide to purchase the assets only. They form a completely new corporation to buy the assets of Company A. They offer the employees a job with them, and Company A remains responsible for all of its debts, including its last payroll. The takeover happens on the second to the last date of a pay period for the old employer, and the new employer decides to use the same pay periods, so just has one day of payroll for that pay period.

The old employer definitely should have paid overtime for the two hours of overtime in their payroll. The new company however would not.

Its no different than the employee deciding to quit one employer to go work for another and happens to do mid pay period. Its no different than someone having two jobs that equal 55 hours a week.
 

Zigner

Senior Member, Non-Attorney
The OP claims that the company "changed their DBA name". That simply means that ABC Corp, DBA Bob's Diner is now ABC Corp, DBA Patty's Diner.

Of course, it's entirely possible (and quite likely) that the OP doesn't really know what happened behind the scenes...
 

LdiJ

Senior Member
The OP claims that the company "changed their DBA name". That simply means that ABC Corp, DBA Bob's Diner is now ABC Corp, DBA Patty's Diner.

Of course, it's entirely possible (and quite likely) that the OP doesn't really know what happened behind the scenes...
Right, without knowing what went on behind the scenes we cannot be 100% certain that there were shenanigans. Its likely that there were, but that's not 100%.
 

xylene

Senior Member
Then I could imagine a very easy scheme to never pay overtime by way of frequent on paper ownership changes mid week.

That would be particularly advantageous during busy times.

I feel like something other than largess is restraining such a practice.

Ownership change happens all the time so I'd imagine there is a clear rule in place.
 

LdiJ

Senior Member
Then I could imagine a very easy scheme to never pay overtime by way of frequent on paper ownership changes mid week.

That would be particularly advantageous during busy times.

I feel like something other than largess is restraining such a practice.

Ownership change happens all the time so I'd imagine there is a clear rule in place.
Actually there are not for the specific scenario I described. There are for other types of changes in ownership. I think that we all think that its likely that something untoward took place. Its just not certain.
 

cbg

I'm a Northern Girl
If I were laying odds, however, I would say the odds are greater that he is owed overtime than that he isn't.
 

Zigner

Senior Member, Non-Attorney
If I were laying odds, however, I would say the odds are greater that he is owed overtime than that he isn't.
Agreed - but I'm curious if the OP is counting paid time off (ie: holiday pay) as part of his hours "worked". That may affect things.
 

cbg

I'm a Northern Girl
That's true. Overtime is based on hours WORKED, not on hours PAID. Holiday pay, vacation pay, sick pay, etc., all do not count towards overtime.
 

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