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Is it legal to not pay overtime if working two different locations?

So I work for a restaurant at two separate locations(still same company). I am paid with two separate checks. I work double shifts going from one to the other at least 5 times a month always working more than 8 hours of course split between the two locations. I am never paid overtime because it is listed like I work for two separate places is this legal? they have always said take a 2 hour break between double shifts and I'm not sure the significance of that "rule" anyone know? this is in California BTW

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1. I work for a man that ownes several hotels and has people work at different ones several times a week, unless that person gets over time at one hotel, then he doesn't/doesn have to pay over time. even though we have the same owner the companies are not the same. it might be the same with your work. they might look like the same company but on paper they are different..
2. It is a questionable practice. Do you get one or two W2s at the end of the year? If you receive 2 then there are two separate employers as far as the government is concerned and it would be up to you to prove that they have created the two separate entities or are at least intentionally using them to get around the requirement to pay overtime. If this is the case the California department of labor will have to investigate. If you get 1 W2 then there is no question at all. You should be receiving overtime.
3. These issues can sometimes be complicated. And federal and state law may both apply under your circumstances. I am a San Francisco Employment Lawyer. Federal law: FLSA (Recent case states one employer may have to pay overtime if employees are work over 8 hours a day combined at various locations) Under a recent case, Chao v. Barbeque ventures LLC, 8th Cir., No. 08-1284. Very simply "If a non-exempt employee works two different jobs for a single employer, the employer must add up the hours to determine whether overtime is payable. That principle was underlined by the outcome of a case from Omaha, NE. A restaurant chain allowed employees to work at more than one location, but failed to track their hours across the chain. DOL won $90,055 in unpaid overtime and damages for 25 workers. A federal appeals court has now upheld the damages, finding the employer should have known workers’ aggregate weekly hours worked were exceeding 40." I also direct you to California labor department's website. Here is what the California Department of Industrial Relations website states as a summary of Ca law: In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than: 1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and 2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above. Good Luck Daniel Vega DISCLAIMER: The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.