I work for a small software company which has now started a subsidiary company. I was forced to start working for the second company without any warning. Literally I was just sent work to do for this second company no training (6 months) in and still no formal training for job #2 for company #2. I want to know is this legal now for a little background on this. I've work for company #1 for over 10yrs no contract, employee handbook, etc,. I have taken on many roles with Job #1 in the 10yr period. Now company #2 comes along different tax id. different name. selling different products. however I have been forced to work for this company no pay raise and really no mention that I work for company #2 besides the jobs I am told to do I want to know if this is legal in Mass and what I can do about it I am at the point where I want to quit because of this, it is also keeping me from doing work that I need to do for job #1. what are my options.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Overtime work
I'm pretty sure I'm not following your question. However, if you are a non-exempt employee, you should be getting overtime pay. If you are exempt and not entitled to overtime you need to decide how to talk to your employer about increased pay or fewer hours. I can only assume that you are a valued employee, based on their desire for you to perform important functions with the "new" company. So you are not without bargaining power. If you keep things cordial, the worst case scenario may be that you have to look for a new job. Good luck.
Two Jobs One Employer
Sorry if I made it sound complicated here is the information. This is a new company I am a salaried employer so i might possibly be exempt from the overtime pay criteria but we are talking about a lot more responsibility with a new company which is a sister company of the company I have worked for, for over 10yrs. I never signed on for the extra work for the new company it was kind of just dumped in my lap. Wondering if this is legal and if I decided to quite would it be grounds for unemployment I see the company going downhill at this point anyway.
One set of payroll paperwork or two?
If you filled out a second set of payroll paperwork for the subsidary then you should be receiving a second paycheck each pay period for whatever work that you do for that company.
If you are receiving one paycheck from the primary company, and you are considered exempt, they can require you to do whatever they want - for whatever business unit they want - your only alternative is to quit. The only real financial issue is an internal one whereby one business unit may invoice the other for your time. (I was in a similar situation once)
If you are not exempt, then they are required to pay you overtime for anything beyond 40 hours a week.