QUESTION
can an employeer use 2 different temp services to avoid paying overtime?
Asked on Jan 03rd, 2017 on Labor and Employment - Texas
More details to this question:
Ok, the problem is this... At this company im working for, we are temporary employees, yet many of us have been working as temps for many years. The problem started this year, when suddenly company had a lot of work therefore require employees to work overtime BUT the company instead of paying overtime they contracted another temporary service and make the employees to work the extra hours with a different time card with the other company. For me that is illegal, but is it really illegal to do that??
1 ANSWER
2 Awards
Your employer and the temp agencies are likely violating the overtime laws by this practice.
If there are a number of employees affected by this practice, the most efficienct way to remedy the violation and recover both upaid overtime and liquidated damages is to retain an attorney (typically on a contingent fee basis, ie you don't pay unless you recover) to bring what is known as a collective action on behalf of all such employees. You can recover up to 3 years unpaid overtime plus a like amount in damages plus attorneys fees. When did the problem first start? In what City is the Company located?
Answered on Jan 10th, 2017 at 9:20 AM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.