Like many people in Illinois, you work multiple jobs to keep up your standard of living. In your case, you might perform jobs at two different locations owned by a single business. However, you could find you are not receiving the full pay that you deserve.
Your employer may argue that the two locations you work at are actually two different businesses. As a result, your employer requires two payrolls from you, each from the location you work at. Unfortunately, this system might cost you wages, overtime pay or tip revenue depending on your situation.
Attempts to deprive you of pay
The idea behind a dual payroll system is that each of your work locations logs your hours separately for the purposes of determining your wages. This means you could work enough hours to earn enough pay for overtime, but your employer may deny you overtime by counting your hours for each location separately and not together. Similar wage violations include misusing tip exceptions and miscalculating your pay.
Requirements for a single enterprise
If your employer attempts to argue that you are working for different companies and not a single business, federal law offers some guidance. The Fair Labor Standards Act will consider multiple business entities to operate a single enterprise under certain conditions. The businesses must conduct related activities guided by a single, unifying operation or the control of one or more individuals.
A unifying operation means the businesses act as a single unit or an organization devoted to one goal. Having common control means the businesses have the same individual or organization dictating their actions. The activities carried out by the businesses must all contribute towards a mutual business purpose.
Be aware of your rights
It can be frustrating if your employer tries to find a loophole in the law to minimize your earnings. If you do multiple jobs for a single business, whether at one workplace or at a different location, know that you have rights under the law to protect your wages.
