I live in massachusetts. I have 2 separate restaurant with 2 separate corporations. My question is, what do i need to know if I have an employee working at both places 25 hours at each restaurant.
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are these corporations joint in connection and doe the parties work for both and how are they paid ie w2 or 1009
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If your question is whether you are required to pay time and a half for time over 40 hours in a week, you likely do not, but I cannot provide a definitive answer. Mass. law provides an exception to the overtime statute for people who work in restaurants. The federal FLSA has no such exception but the employer enterprise must satisfy the statute's requirments for the FLSA to apply. It is satisfied if the enterprise, here, the two restaurants, have revenues of over $500,000 per year. It is also satisfied to the extent the employee is working in interstate commerce. Without researching the issue and learning more about exactly what the employee does, I cannot offer an opinion as to whether the employee is entitled to time-and-a-half for overtime. If you want to contact me, please send me an email.
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