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ARTICLE · 20 JULY 2011

Serving Two Masters Can Trigger Overtime Claims

While it has been said that "no one can serve two masters," in our modern society many people work for two or more employers at the same time.

United StatesEmployment and HR

Labor and Employment Law Weekly Update (Week of July 18, 2011)

While it has been said that "no one can serve two masters," in our modern society many people work for two or more employers at the same time. This multiple employment can have significant consequences under state and federal wage and hour laws and other areas. Thus, without realizing it, under the Fair Labor Standards Act (http://tinyurl.com/kvq99x), an employer may become liable financially for the unpaid or underpaid wages of an employee, or for a discrimination claim brought by an employee under Title VII (http://tinyurl.com/yl7jjbb) because of the employee's connections to a second or third employer.

In managing their employment risks, employers should be aware of the joint employment doctrine, which says that two or more related companies may — independently and together — be liable for the total hours of an employee who works for both of them. Thus, the hours of an employee who works at

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