75 hours in one week and no overtime??

Question

my boss is the owner of several Starbucks locations, and recently asked me to help out at another location in addition to the one i already work.

This added up to 75 hours in one week, 35 hours overtime, right?

But he says that they are two separate stores, and since i didn't go over 40 hours at one location, that i don't get paid for my extra work.

is this right?

Answer 1

It seems to me that you are hired by your boss to work in one of his Starbucks-location.

It also seems that your boss is considering both starbucks one business (at multiple locations) because he allows staff hired for one location to work (under similar conditions) at the other when it fits him.

Since it's one (large) business, overtime is calculated on the total time you worked. So yes you are entitled to overtime.

Note that the term is "business" not location, not corporation, ... A business might consist of multiple legal entities, multiple locations as long as the management is combined (in particular combined HR-management) it's considered one business.

Another example:

- an assistant of the accounting departments fills in at the marketing department: one business, so yes to overtime

- a part-time assistant of the accounting department, finds another part-time job with the independent auditor: different businesses, so no to overtime (although they are related).

NOTE: it doesn't matter what was agreed when you were hired, ultimately he asked you to come to work at another location and you agreed to do so, from a legal point of view that would be considered a mutual agreed change of plans. The basic point is that he considers both locations part of ONE and the SAME business (proof: only one paycheck, same HR-department, ...)

Answer 2

If you weren't actually hired at the 2nd location, you're right and you deserve the overtime pay. If he had you sign separate hire papers, then he's right, and owes you nothing extra.

Answer 3

One pay check and no over time? Call the local labor board. They will give you an accurate answer for your state. The business classes I took said that you are suppose to receive overtime. And just incase your employeer did not know, the federal government will eat him alive for not paying his taxes properly.