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    skvalencia's Avatar
    skvalencia Posts: 1, Reputation: 1
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    #1

    Jun 23, 2012, 06:42 AM
    I want to report my employer for not paying overtime
    I am an hourly employee who is entitled to OT pay under the Texas Payday Law and federal Law. This man owns 2 stores and I work in both locations. He has set up each location under 2 different corporations and splits the time. His name and his wife's name. He actually produces separate time records and paychecks from each location which I was not aware of until today because we have direct deposit and I have never received any pay stubs. They are available on line. I went to the website today and was shocked to see 2 paychecks issued for each pay period.

    What can I do about reporting this anonymously?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 23, 2012, 06:52 AM
    Quote Originally Posted by skvalencia View Post
    I am an hourly employee who is entitled to OT pay under the Texas Payday Law and federal Law. ...
    I don't think federal law requires an overtime premium. Can you cite the statute or CFR section?

    Quote Originally Posted by skvalencia View Post
    ...
    What can I do about reporting this anonymously?
    Obviously send an unsigned letter to the Texas Workforce Commission, or go through their website.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 23, 2012, 07:09 AM
    Also are you working at just one store, or are you working at the two stores.

    If each store shows separate owners on legal documents, have separate EIN numbers, Separate tax numbers for taxes.

    If you work a number of hours at one store, that is one pay check
    If you work a number of hours at the other store that is another pay check

    While it is bad, it is legal. You work for two different companies.

    If you work at only one location and he is paying you like you work for two, that is illegal. If you are truly qualified under state law for over time
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 23, 2012, 07:33 AM
    Quote Originally Posted by Fr_Chuck View Post
    ...
    If each store shows separate owners on legal documents, have separate EIN numbers, Separate tax numbers for taxes.
    ...
    While it is bad, it is legal. You work for two different companies.
    ...
    If OP was only asked to complete a single form W-4, it would probably be regarded as a single employer. If the state were to audit the employer corporations, they should ask to see two W-4s for OP.

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