Getting around overtime pay?

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.

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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.

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that's very thoughtful of her, but my guess is that that wouldn't hold up in court

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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?

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my guess again, yep.

Don’t do it! FLSA and DOL won’t like it.

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.

You don't just "go to salary". Exempt vs. Non Exempt rules are governed by law.

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.

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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

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He's saying he doesn't mind giving her more hours, but doesn't want to pay for a higher rate for those hours. It's not that hard to reconcile.

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He's saying he doesn't mind giving her more hours, but doesn't want to pay for a higher rate for those hours. It's not that hard to reconcile.

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If she is full time, and wanting to give her more hours, then it would be overtime. This is basic employment 101 turd. If she works more than 40 hours, then she deserve overtime pay. If he wants to help her out, then he would pay her overtime for her work. Sounds like he isn't wanting to do that so he doesn't want to help her out. Not hard to understand here baw.

Something to consider, how often and or long are we talking? 60 is A LOT. It’s one thing to ‘say’ you work that if you are doing a ton of lunches and dinners and relaxed 60. No one with a family is working a legit 60 and it not affect their life. It wears your arse out. Even more so if it’s physical job.

Eta: I meant to say because you are much more likely to make mistakes, get sick, get hurt, etc. working that many long term.

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

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.