Can my employeer deduct pay from a second check?

I agree with Neil, but add a caution to make sure that the employment is for the same employer. Ther are instances where you can have 2 jobs at the same site, but paid by different entities that would not be considered joint employers. You should see an employment lawyer near you to determine whether or not there is a violation of overtime rules under either federal or state law.

You can select an attorney near you at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Nov 3, 2009 07:30 AM [EST]

If you work for the same employer, all of your hours worked count towards the same work week. Your employer cannot avoid overtime by splitting your work week into two jobs.

The Department of Labor has regulations that cover this situation, which it refers to as "joint employment." The idea is that you can work for two different employers, in which case your overtime is calculated separately for each. However, if the employment is by the same employer or associated employers, then, unless "completely disassociated from employment by the other employer(s), all of the employee's work for all of the joint employers during the workweek is considered as one employment for purposes of the Act. In this event, all joint employers are responsible, both individually and jointly," for overtime.

Here is a link to the DOL regulation:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d52ccfb5e60bb8f3db1bc9bb08000529&rgn=div8&view=text&node=29:3.1.1.2.49.0.446.2&idno=29

posted by Neil Klingshirn  |  Nov 2, 2009 6:30 PM [EST]  [ Best Answer - selected by asker ]