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  1. #1

    Default Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Agency

    My question involves employment and labor law for the state of: Florida

    Okay,here is a somewhat strange question that human resources refuses to answer for me. I hope someone who knows Florida labor laws can help.

    I work full time for a hotel in Florida. Position is Banquet Setup. Hotel refuses to pay overtime when it is busy. Instead, they bring in temp workers from an employment agency. I need to make extra money, 40 hours is not enough. I want to know, if I register with the temp agency used by the hotel, is it legal for the hotel to have me work 40 hours at my full time, regular salary, plus additional hours for the temporary employment agency, at the SAME position, in the same place, the hotel. I would be working for 2 different companies, but at the same location and doing the same job.

    I went to my manager with this idea, he said he did not know if it was legal, but would ask human resources. Human resources told him they don't want to do this. I went directly to human resources to try to discuss the possibility, but they would not tell me if it was legal or not, but confirmed they do not want to do it.

    I think it is a good way for an employee in this type of situation, to make extra money, and it also has advantages for the hotel, in terms of saving on overtime and getting a worker who already knows the job, instead of a complete stranger. But I can also see why it might be illegal, because an employer could take advantage of workers by "suggesting" they join a specific temp agency just so the company can get them to work more than 40 hours without paying overtime.

    Personally, I think a worker should have this choice, as long as no proactive coercion by the employer is involved. It would help me a lot, financially.

    Anyway, I'm just really curious if it is illegal under a labor law, or if the hotel just does not want to do it for some other reason.

    Thanks!

  2. #2
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    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    They can call it a "Conflict of Interest". It's quite common. Think of it as working for WalMart while also working a job at Publix...both are going to frown on that idea.

    And it's not illegal.

    I understand your situation...your services would still benefit the hotel, but unless they specifically ask you if you would want to freelance for them on the side....don't do it. They can fire you for working a job that is conflict of interest to them.

  3. #3
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    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    it;s legal but they do not have to have you work for them through the agency if they do not wish to. It could cause them some problems if there is any confusion of just who you are working for at any given time and lead to an investigation about overtime pay.



    but they would not tell me if it was legal or not, but confirmed they do not want to do it.

    I think a worker should have this choice,


    what hours you work for an employer is never the employees decision nor is something like this. If they do not want to do this, they don't have to and there is nothing you can do to force them to.

  4. #4
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    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    It would conflict with the contract the hotel has with the temp agency.

  5. #5

    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    Thanks very much for the quick reply. Interesting that it is legal, but the hotel still does not want to do it, even though I can see some advantages for both myself and the hotel.

    I sort of understand how it might be considered a "conflict of interest", but your example is a little different, since the temp agency is not in any sort of competition with the hotel, as far as I can see. I do part-time work for other temp agencies, different ones than the hotel uses, and the hotel knows about it, at least my direct manager does, and he doesn't care, as long as I am available to work as scheduled every week, so I doubt they would fire me, but to be safe I will not seek any work with this specfic temp agency that the hotel is using.

    Appreciate the info! :-)

    - - - Updated - - -

    Thanks for the info. I surely understand that the employer has the right to decide whether or not to do this, and I can see how they might be afraid it could cause problems, maybe with something like workers comp, since some of the time I would be working directly for the hotel, and other times for the temp agency.

    Still, I see advantages for the hotel, in terms of getting a highly qualified worker who knows the job well, instead of a complete stranger who has never worked at the hotel before, cannot work on his own, etc..., for the exact same price. I wish I could convince HR to do it, would add thousands of dollars to my annual income, but you are right, it's up to them to make the choice not to allow it.

    Thanks! :-)

  6. #6
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    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    It is legal, but it would cost the hotel more money than it would cost if you worked overtime since they would have to pay the agency fee as well. It might be a great deal for you but it's a lousy one for the hotel. I can completely understand why they aren't interested.

  7. #7

    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    Quote Quoting cbg
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    It is legal, but it would cost the hotel more money than it would cost if you worked overtime since they would have to pay the agency fee as well. It might be a great deal for you but it's a lousy one for the hotel. I can completely understand why they aren't interested.
    From my understanding the hotel is saving some money by using temp agency workers instead of paying overtime to their full-time employees, especially when you add in liability insurance and the like. This is why they absolutely refuse to give us overtime, and use temp agency employees a LOT.

    For my specific situation, the numbers work out like this: My regular salary is $11.02/hr. Overtime is $16.53/hr, plus insurance costs. Everyone from the temp agency who works my Banquet Setup position is paid $10.00/hr by the temp agency. The hotel pays the temp agency $14.00/hr for every hr worked by each employee, and the agency covers insurance. So, the temp agency hours are cheaper than my overtime hours would be, as well as most of my full-time co-workers, and that's why the hotel uses the temp agency instead of having us work & paying us overtime.

    It really makes us feel unappreciated, since the savings for the hotel are not large. And personally, of course, I would make less money working for the agency than either my regular first 40 hour rate, or my overtime rate. So the way I see it, the deal would be kinda lousy for me, but quite good for the hotel, if they allowed me to work 40 hrs for the hotel at my regular salary, then additional hours for the agency, at the lower rate. That's why it puzzles me a bit that they don't want to do it, the hotel I mean.

    Oh well, its up to them, I understand that, and thanks for the reply. :-)

  8. #8
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    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    Then your understanding, as least with regards to how it would work for you, is incorrect. It would be legal for you to work for the temp agency. It would, however, be illegal for the hotel to pay you straight time through the agency as a subterfuge to avoid paying you overtime. In addition, the hotel would owe the agency fee as well as overtime pay for you.

    In other words, the cost to the hotel to pay you through the agency is not the same as the cost to the hotel to pay a temp worker who does not work 40 hours a week for them thorough the agency.

  9. #9

    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    Quote Quoting cbg
    View Post
    Then your understanding, as least with regards to how it would work for you, is incorrect. It would be legal for you to work for the temp agency. It would, however, be illegal for the hotel to pay you straight time through the agency as a subterfuge to avoid paying you overtime. In addition, the hotel would owe the agency fee as well as overtime pay for you.

    In other words, the cost to the hotel to pay you through the agency is not the same as the cost to the hotel to pay a temp worker who does not work 40 hours a week for them thorough the agency.
    So, what you are saying is if the temp agency hired me and sent me to work at the hotel, and paid me directly, from its own payroll, the same $10.00/hr rate it pays all its workers, this would be illegal, because I am already working full-time at the hotel?? This seems to contradict what several other folks have advised me here. I'm not suggesting the hotel treat me any different than any other temp agency worker, the hotel does not directly pay anyone from the temp agency, those checks are cut by the temp agency, picked up by the workers at the agency office...

    The hotel pays the agency directly, and the agency then pays its temp workers. In theory, the agency would not even "need" to know that I am working full-time for the hotel, although the hotel would know that I am working for the agency, since they would recognize me as their employee when I show up to work my "agency hours"... :-)

    I guess it won't happen, HR probably realizes it could lead to complications...

  10. #10
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    Default Re: Is It Legal to Work Full-Time for a Company,and Also at Same Company for Temp Age

    No. I am saying that for the hotel to pay you anything but overtime, no matter whose payroll you were on, would be illegal since it would be rightly seen as a subterfuge to avoid paying you overtime. I know how a temp agency works, thank you, evidently better than you do since I am aware of the fees that the hotel has to pay over and above the amount the temp employee gets paid.

    Let's be clear. NO MATTER WHOSE PAYROLL YOU ARE ON, IT IS ILLEGAL FOR THE HOTEL TO PAY YOU ANYTHING BUT OVERTIME. It is not illegal for you to work there as an employee of the temp agency but it is illegal for the hotel to use that as a means to avoid paying you overtime. That being the case, there is no incentive for the hotel to participate in this since it would either cost them more if they paid you correctly, or be in violation of labor laws if they didn't.

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