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Started By
Message
Getting around overtime pay?
Posted on 9/12/19 at 8:06 pm
Posted on 9/12/19 at 8:06 pm
We schedule accordingly to where its rare for employees to go over 40hours. 1 or 2 overtime hours here or there is not a big deal; however, I have an employee is begging for extra hours (like 60+ hours a week) and wants it to be paid her normal hourly rate b/c I would not do it any other way. Said she would sign whatever to say that she completely agrees to be paid her normal rate after 40 hours.
Is this legal? Say 6 months go by and she gets mad and quits or gets fired and decide to bring this before LA Workforce. I would obviously have her signed contract and I would video her agreeing to it as well. Would I end up somehow having to go back and pay her the overtime if this happens?
I want to be nice and help her out but I'm not going to do it if it if there's any way could come back and bite me in the arse and have to pay thousands in overtime.
TIA
Is this legal? Say 6 months go by and she gets mad and quits or gets fired and decide to bring this before LA Workforce. I would obviously have her signed contract and I would video her agreeing to it as well. Would I end up somehow having to go back and pay her the overtime if this happens?
I want to be nice and help her out but I'm not going to do it if it if there's any way could come back and bite me in the arse and have to pay thousands in overtime.
TIA
12
Posted on 9/12/19 at 8:10 pm to coonasstiger
Is she a good worker. I always loved hard working, arse busting employees working overtime. Now, the guy/gal is wanting extra hours to sit around and do nothing, GTFO.
quote:that's very thoughtful of her, but my guess is that that wouldn't hold up in court
I have an employee is begging for extra hours (like 60+ hours a week) and wants it to be paid her normal hourly rate b/c I would not do it any other way. Said she would sign whatever to say that she completely agrees to be paid her normal rate after 40 hours.
quote:my guess again, yep.
Say 6 months go by and she gets mad and quits or gets fired and decide to bring this before LA Workforce. I would obviously have her signed contract and I would video her agreeing to it as well. Would I end up somehow having to go back and pay her the overtime if this happens?
Posted on 9/12/19 at 8:16 pm to coonasstiger
Put her on a salary then.
Posted on 9/12/19 at 8:16 pm to coonasstiger
Don’t do it! FLSA and DOL won’t like it.
Posted on 9/12/19 at 8:41 pm to coonasstiger
quote:No.
Is this legal?
quote:Yes.
Would I end up somehow having to go back and pay her the overtime if this happens?
Posted on 9/12/19 at 8:50 pm to coonasstiger
Decrease her hourly rate such that 40*x+20*1.5*x equals 60y
x=new hourly rate, y=old hourly rate
That would get destroyed in court as well.
x=new hourly rate, y=old hourly rate
That would get destroyed in court as well.
Posted on 9/12/19 at 9:00 pm to coonasstiger
Go to Salary
Posted on 9/13/19 at 9:54 am to coonasstiger
You don't mind helping her out, yet you don't want to pay her overtime pay. Sounds like you don't want to really help her out.
Just let her work 10 overtime hours a week. If she is doing good then what is the problem?
Also you should arrange it so that the employees can work 4 days at 10 hours a pop. Have it set up in such a way that 50% or so of the employees use their extra day off as the Monday, and the other half use the Friday off. This way you always have employees at the job M-F. You could even extend your hours open to the public to 10 hours a day now instead of 8 (if that is the case).
So then if people want to work overtime, it would be on the Monday or Friday and you will be there so you can monitor them to see how productive they are and if them working overtime is worth it. This is a win win situation for all involved. And if some employees don't want to work 4/10's, then they can work 5/8's.
This is smart business without giving them any added money. Happy employees are more productive employees.
Just let her work 10 overtime hours a week. If she is doing good then what is the problem?
Also you should arrange it so that the employees can work 4 days at 10 hours a pop. Have it set up in such a way that 50% or so of the employees use their extra day off as the Monday, and the other half use the Friday off. This way you always have employees at the job M-F. You could even extend your hours open to the public to 10 hours a day now instead of 8 (if that is the case).
So then if people want to work overtime, it would be on the Monday or Friday and you will be there so you can monitor them to see how productive they are and if them working overtime is worth it. This is a win win situation for all involved. And if some employees don't want to work 4/10's, then they can work 5/8's.
This is smart business without giving them any added money. Happy employees are more productive employees.
Posted on 9/13/19 at 1:03 pm to coonasstiger
It all depends if the employee is exempt or non-exempt.
Posted on 9/14/19 at 6:08 am to coonasstiger
here is what I have done
Create a special project or second job for the employee
pay them at a different rate
Set a time limit on the project- 3, 6 12 months and then evaluate
Create a special project or second job for the employee
pay them at a different rate
Set a time limit on the project- 3, 6 12 months and then evaluate
Posted on 9/14/19 at 7:41 am to coonasstiger
Pay her the overtime or help her get another part time job. Looks like your trying to help yourself out and shouldn't be trying to get around it in the first place.
This post was edited on 9/14/19 at 7:43 am
Posted on 9/14/19 at 2:18 pm to coonasstiger
Just lower her base pay and pay her overtime for anything over 40 hours? 
Can you pay her different rates for different duties or something along those lines?
I would be weary, as you stated, that if something goes sour you’d be in trouble. What I described may or not be the most lilly white approach either. So, don’t take it as advice. Just spitballing.
Can you pay her different rates for different duties or something along those lines?
I would be weary, as you stated, that if something goes sour you’d be in trouble. What I described may or not be the most lilly white approach either. So, don’t take it as advice. Just spitballing.
Posted on 9/17/19 at 10:38 pm to coonasstiger
Man, been there and done that. Don’t do it. It doesn’t work out in the long run.
It’s never good to have someone who “needs” the hours. They end up just finding ways to cheat time to get to 60. Find ways to incentivize the 40, and don’t agree to pay any more overtime than you are willing (the 1-5 hours maybe).
And she will come back for that due overtime if you try the side agreement, if she needs the money now she will need that money later. Been there.
It’s never good to have someone who “needs” the hours. They end up just finding ways to cheat time to get to 60. Find ways to incentivize the 40, and don’t agree to pay any more overtime than you are willing (the 1-5 hours maybe).
And she will come back for that due overtime if you try the side agreement, if she needs the money now she will need that money later. Been there.
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