Working for two companies owned by the same person

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I've got a friend (in the Nashville, TN area) who is working for someone that owned a franchise and now opened up a second one. My friend was working 45 hours a week and got overtime, but now the owner has put them on both payrolls and splits their hours between the two, and therefore, doesn't have to pay overtime.



First, is there anything illegal about this? Second, does this maybe cost the owner more than paying 5 hours of overtime? I know there are hidden cost in having employees on the payroll. Does the owner maybe pay more in workers comp or anything? Just wondering if there's any incentive for the owner to only employ them at one company and just pay them the overtime, rather than maintaining them on two separate payrolls, even if it isn't necessarily illegal.










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  • You should mention the country that you are in. There's nothing inherently illegal, but if the boss is doing it to avoid paying full salary, and has the employee working on a common task/job across both companies (rather than two different jobs), it could very well be considered fraud. Your friend should quit though, as that's obviously an abuse of power by the boss.
    – Matt
    5 mins ago











  • @Hoopdady - you should update the question to include your location. I don't think it matters here (UK), but may well do in the US, where I believe employers must pay healthcare (Obamacare?) over a certain number of hours per week. (Matt beat me to it by a minute).
    – Justin
    3 mins ago










  • @Justin the location is Nashville Tennessee. I'll update the question
    – Hoopdady
    1 min ago
















up vote
0
down vote

favorite












I've got a friend (in the Nashville, TN area) who is working for someone that owned a franchise and now opened up a second one. My friend was working 45 hours a week and got overtime, but now the owner has put them on both payrolls and splits their hours between the two, and therefore, doesn't have to pay overtime.



First, is there anything illegal about this? Second, does this maybe cost the owner more than paying 5 hours of overtime? I know there are hidden cost in having employees on the payroll. Does the owner maybe pay more in workers comp or anything? Just wondering if there's any incentive for the owner to only employ them at one company and just pay them the overtime, rather than maintaining them on two separate payrolls, even if it isn't necessarily illegal.










share|improve this question























  • You should mention the country that you are in. There's nothing inherently illegal, but if the boss is doing it to avoid paying full salary, and has the employee working on a common task/job across both companies (rather than two different jobs), it could very well be considered fraud. Your friend should quit though, as that's obviously an abuse of power by the boss.
    – Matt
    5 mins ago











  • @Hoopdady - you should update the question to include your location. I don't think it matters here (UK), but may well do in the US, where I believe employers must pay healthcare (Obamacare?) over a certain number of hours per week. (Matt beat me to it by a minute).
    – Justin
    3 mins ago










  • @Justin the location is Nashville Tennessee. I'll update the question
    – Hoopdady
    1 min ago












up vote
0
down vote

favorite









up vote
0
down vote

favorite











I've got a friend (in the Nashville, TN area) who is working for someone that owned a franchise and now opened up a second one. My friend was working 45 hours a week and got overtime, but now the owner has put them on both payrolls and splits their hours between the two, and therefore, doesn't have to pay overtime.



First, is there anything illegal about this? Second, does this maybe cost the owner more than paying 5 hours of overtime? I know there are hidden cost in having employees on the payroll. Does the owner maybe pay more in workers comp or anything? Just wondering if there's any incentive for the owner to only employ them at one company and just pay them the overtime, rather than maintaining them on two separate payrolls, even if it isn't necessarily illegal.










share|improve this question















I've got a friend (in the Nashville, TN area) who is working for someone that owned a franchise and now opened up a second one. My friend was working 45 hours a week and got overtime, but now the owner has put them on both payrolls and splits their hours between the two, and therefore, doesn't have to pay overtime.



First, is there anything illegal about this? Second, does this maybe cost the owner more than paying 5 hours of overtime? I know there are hidden cost in having employees on the payroll. Does the owner maybe pay more in workers comp or anything? Just wondering if there's any incentive for the owner to only employ them at one company and just pay them the overtime, rather than maintaining them on two separate payrolls, even if it isn't necessarily illegal.







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edited 1 min ago

























asked 10 mins ago









Hoopdady

1055




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  • You should mention the country that you are in. There's nothing inherently illegal, but if the boss is doing it to avoid paying full salary, and has the employee working on a common task/job across both companies (rather than two different jobs), it could very well be considered fraud. Your friend should quit though, as that's obviously an abuse of power by the boss.
    – Matt
    5 mins ago











  • @Hoopdady - you should update the question to include your location. I don't think it matters here (UK), but may well do in the US, where I believe employers must pay healthcare (Obamacare?) over a certain number of hours per week. (Matt beat me to it by a minute).
    – Justin
    3 mins ago










  • @Justin the location is Nashville Tennessee. I'll update the question
    – Hoopdady
    1 min ago
















  • You should mention the country that you are in. There's nothing inherently illegal, but if the boss is doing it to avoid paying full salary, and has the employee working on a common task/job across both companies (rather than two different jobs), it could very well be considered fraud. Your friend should quit though, as that's obviously an abuse of power by the boss.
    – Matt
    5 mins ago











  • @Hoopdady - you should update the question to include your location. I don't think it matters here (UK), but may well do in the US, where I believe employers must pay healthcare (Obamacare?) over a certain number of hours per week. (Matt beat me to it by a minute).
    – Justin
    3 mins ago










  • @Justin the location is Nashville Tennessee. I'll update the question
    – Hoopdady
    1 min ago















You should mention the country that you are in. There's nothing inherently illegal, but if the boss is doing it to avoid paying full salary, and has the employee working on a common task/job across both companies (rather than two different jobs), it could very well be considered fraud. Your friend should quit though, as that's obviously an abuse of power by the boss.
– Matt
5 mins ago





You should mention the country that you are in. There's nothing inherently illegal, but if the boss is doing it to avoid paying full salary, and has the employee working on a common task/job across both companies (rather than two different jobs), it could very well be considered fraud. Your friend should quit though, as that's obviously an abuse of power by the boss.
– Matt
5 mins ago













@Hoopdady - you should update the question to include your location. I don't think it matters here (UK), but may well do in the US, where I believe employers must pay healthcare (Obamacare?) over a certain number of hours per week. (Matt beat me to it by a minute).
– Justin
3 mins ago




@Hoopdady - you should update the question to include your location. I don't think it matters here (UK), but may well do in the US, where I believe employers must pay healthcare (Obamacare?) over a certain number of hours per week. (Matt beat me to it by a minute).
– Justin
3 mins ago












@Justin the location is Nashville Tennessee. I'll update the question
– Hoopdady
1 min ago




@Justin the location is Nashville Tennessee. I'll update the question
– Hoopdady
1 min ago










2 Answers
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Without knowing the exact jurisdiction it's hard to comment on the legality of the situation.



However in the general case if the two franchises are seperate legal entities (regardless of whether they have the same owner) then what the owner has done is the correct way to do things.





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    up vote
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    The big question is how is the company set up. The owner may have created two different companies, 1 per franchise, or 1 company for both.



    If it's two different companies then legally he has 2 jobs that have nothing to do with each other (hence no overtime).





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      2 Answers
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      2 Answers
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      up vote
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      Without knowing the exact jurisdiction it's hard to comment on the legality of the situation.



      However in the general case if the two franchises are seperate legal entities (regardless of whether they have the same owner) then what the owner has done is the correct way to do things.





      share
























        up vote
        0
        down vote













        Without knowing the exact jurisdiction it's hard to comment on the legality of the situation.



        However in the general case if the two franchises are seperate legal entities (regardless of whether they have the same owner) then what the owner has done is the correct way to do things.





        share






















          up vote
          0
          down vote










          up vote
          0
          down vote









          Without knowing the exact jurisdiction it's hard to comment on the legality of the situation.



          However in the general case if the two franchises are seperate legal entities (regardless of whether they have the same owner) then what the owner has done is the correct way to do things.





          share












          Without knowing the exact jurisdiction it's hard to comment on the legality of the situation.



          However in the general case if the two franchises are seperate legal entities (regardless of whether they have the same owner) then what the owner has done is the correct way to do things.






          share











          share


          share










          answered 6 mins ago









          motosubatsu

          37.3k1697158




          37.3k1697158






















              up vote
              0
              down vote













              The big question is how is the company set up. The owner may have created two different companies, 1 per franchise, or 1 company for both.



              If it's two different companies then legally he has 2 jobs that have nothing to do with each other (hence no overtime).





              share
























                up vote
                0
                down vote













                The big question is how is the company set up. The owner may have created two different companies, 1 per franchise, or 1 company for both.



                If it's two different companies then legally he has 2 jobs that have nothing to do with each other (hence no overtime).





                share






















                  up vote
                  0
                  down vote










                  up vote
                  0
                  down vote









                  The big question is how is the company set up. The owner may have created two different companies, 1 per franchise, or 1 company for both.



                  If it's two different companies then legally he has 2 jobs that have nothing to do with each other (hence no overtime).





                  share












                  The big question is how is the company set up. The owner may have created two different companies, 1 per franchise, or 1 company for both.



                  If it's two different companies then legally he has 2 jobs that have nothing to do with each other (hence no overtime).






                  share











                  share


                  share










                  answered 5 mins ago









                  sevensevens

                  7,38131632




                  7,38131632



























                       

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