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Lawn Care Employees Discussions Discussions on lawn care employee related issues.

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Lawn Care Employees Discussions

Discussions on lawn care employee related issues.
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  #11  
Old 04-12-2011, 01:37 AM
cruzgardening cruzgardening is offline
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Default Worker is a worker

unless he is a partner he is a worker and usually a worker in any company can not take any of the companies equipment out or use it for his/her own benefit if he does he can get fired. So now treat him good give him his pay from when he arrives, have him wash the truck, fill the gas tanks or mix the oil, but don't just pay him for not doing anything let him know that he is not allowed on the phone if he is on the clock and take the keys away from him... you should be the only one with keys to your shop, you don't want to tempt people...

now pay him what he deserves and make him feel comfartable but do not allow him to use your equipment also you should of trained your workers to take care of your house while they are on the clock that is what i have done

Good luck
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  #12  
Old 04-12-2011, 07:52 AM
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The Cleaning Doctor The Cleaning Doctor is offline
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If he is a good worker put him on salary now when he gets there and leaves it all good he gets paid the same.
Bad advice here. You need to look up the overtime laws on the federal level. Unless you are white collar management, you get paid overtime salary or not.

Exempt from overtime pay

First up is the "salary-basis" test. To be exempt from overtime, workers must be paid a set salary, not an hourly wage.

The second criteria, called the "salary-level" test, has been amended. In order to be exempt from overtime, the new rules require that employees earn a minimum salary of $455 a week, or $23,660 a year.

The third test is where the rules get considerably more complicated - and controversial. The final prong is called the "duties" test. It tries to establish eligibility based on the type of work an employee performs every day. Under federal law, a worker whose job is deemed "administrative," "professional" or "executive" in nature does not qualify for overtime.

Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $405. In this instance the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.


Even paying by the job, you are subject to overtime pay requirements.

Guys, don't get caught by the short hairs on this because you will get hung out to dry because the feds will back the employee in this.

Here is a good link for OT

http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
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  #13  
Old 04-12-2011, 12:04 PM
Norcal Norcal is offline
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I didn't think I had to point out the O.T. it should be a obvious that you pay overtime all I was trying to point out was if your complaining about the time that he is standing around the shop if he was salary it wouldn't matter. I would think the better solution would be to have set hours you start at ? and stop at ? anything over is O.T.

To the cleaning Doctor can you base salary on the workers current hourly wage based on 8 hours or do you have a base salary. Is Overtime anything over 8 or anything over 40 I worked at a tile shop that anything over 40 was overtime so lets say I worked 10 , 10, 8, 8, fri. you go home when you hit 6 shady shady. But based on the third test in your example would we fall under professional side if your a contractor? then salary is not entitled to O.T.

I also worked for a piece work company that is currently under investigation and has already paid out a one time payment for not paying overtime who knows if it will ever go to court before the employees see anymore.

Some shops in California (I Live here ) had these type of problems and told all there Employees to go register with a temp agency and they would pick them up through there

It's all complicated before you hire employees know there rights and entitlements.

Last edited by Norcal; 04-12-2011 at 12:19 PM.
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  #14  
Old 04-12-2011, 01:37 PM
Norcal Norcal is offline
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To the cleaning doctor based on your second test if you pay your salaried employees $455 a week before taxes that is $11.38 per hour Based on an 8 hour day 5 days a week like I said I live in Cal and most guys start out at $10.00 so If I pay them $1.38 more an hour based on salary and if My days where longer than 8 hours I could save allot of money in O.T.
If this is the baseline

Who comes up with the set salary basis for test one?

Test three if your a contractor that should be deemed professional what is the baseline salary then?

In our Industry I can't imagine that your winter month days are as long as your summer months days With that said it may save you money in overtime but are you losing money during the winter. Depending on where you live you have to factor this in. I slow down on installs from Nov - Feb I mostly just do maintenance during these months my days are shorter and we don't make as much money. If I was to save money on overtime during the summer I could then pay more during the winter so they could make the same all year. They might like that if it worked out more in there favor I wouldn't mind paying them the same all year so they wouldn't have to worry about The winter month as much.
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Old 04-12-2011, 02:21 PM
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The OT rule will depend on state regulations. For most states it is 40 hours per week. The federal level is 40 hours per week. But in Alaska the rule is 40 hours per week OR 8 hours in a day. So if you worked 4 - 10 hour days 32 would be straight time and 8 would be OT

As far as the test for being exempt from paying OT, you must pass all 3 criteria for the position. Most positions would not qualify in this industry.

Basic rule of thumb is if it is a blue collar type of job, you pay overtime.
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Old 06-27-2011, 04:40 PM
Fine Gardens Landscaping Fine Gardens Landscaping is offline
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I'm pretty sure paying the guys from the time they report for work at the shop (you decide what time this will be), to the time they get back to the shop is standard.

If you had them meet you at a job location as opposed to meet you at the shop then you could get away with paying them from the time they start the first job.
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Old 03-13-2013, 02:57 PM
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I only pay for work when work is being done. Most of my houses are 15-20 min apart. I cannot afford to pay them while we are driving. Hell Im not even getting paid. My guys understand that. Work is paid by the job, not hourly!
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  #18  
Old 03-13-2013, 07:05 PM
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when I worked for my last employer we were paid on a production basis.
so harder you worked the more you made.
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