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Old 07-18-2013, 10:54 AM
LawnCareLady LawnCareLady is offline
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Join Date: Oct 2012
Location: Longwood, FL
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For Members in Florida: Non-Exempt Salary & Working Out Hours

Hi ,
We have 2 guys working for us, 1 of them is a Supervisor, but he's only currently responsible for 1 other employee so if we did decide to put him on salary in stead of hourly rate we would still have to pay him overtime for anything over 40 hours p/week because he is not "exempt". (See details below)
"The FLSA requires most employees in the USA be paid at least the federal min wage for all hrs worked & overtime pay at time+1/2 for anything over 40 hours in a workweek. However, Section 13(a)(1) provides an exemption from both min wage & overtime pay for employees who are: bona fide executive, administrative, professional & outside sales employees."

"To qualify for the executive employee exemption, all of the following must be met: employee must: be compensated on a salary basis (rate not less than $455 per week); be managing enterprise, or customarily recognized department or subdivision of the enterprise; must customarily & regularly direct the work of at least two or more other full-time employees or their equivalent; & must have the authority to hire/fire other employees, or their suggestions about change of status of other employees must be given particular weight."
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Old 07-18-2013, 10:55 AM
LawnCareLady LawnCareLady is offline
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Join Date: Oct 2012
Location: Longwood, FL
Posts: 5
"Blue Collar Workers
The exemptions don't apply to manual laborers or other “blue collar” workers who are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be."(sic)

http://www.dol.gov/whd/regs/complian...a_overview.htm

So, based on the info above if we had another employee whom our Supervisor was responsible for; we could class him as an executive & would then be exempt from overtime etc.

As this is currently not the case however, we could still put him on salary but he would not be exempt from overtime etc so we'd still be responsible for paying him overtime rate for anything over 40 hours.

1. My thinking was that being salaried might still make it easier (regardless of the possible overtime) for us to forecast costs and it would be better for him as he'd know the minimum he'd be taking home each week.

ANY advice much appreciated. I know a LOT of people are incorrectly under the impression that you CANNOT salary a blue collar worker...but you CAN...you just cannot exempt them from overtime etc.


Just a reminder that this legislation is all for Florida based businesses.

Thanks in advance!

Last edited by LawnCareLady; 07-18-2013 at 11:00 AM.
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Old 07-18-2013, 10:56 AM
LawnCareLady LawnCareLady is offline
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Join Date: Oct 2012
Location: Longwood, FL
Posts: 5
My second Question....
2. We keep our equipment at a storage facility & the guys meet us there every morning.
Now, are we supposed to start their work day/start the clock:

a) From the time they arrive at the storage facility, to the time they get back there at the end of each day.
or b) From the time they start the first job to the time they finish the last job.
or c) From the time they start each job to the time they finish each job (tallying up each slot of time to get a daily total).


Again..thank you in advance for reading! I would have put all of that in just one post but there's a character limit :-/

Last edited by LawnCareLady; 07-18-2013 at 11:00 AM.
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  #4  
Old 08-25-2013, 05:57 PM
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Patriot Services Patriot Services is online now
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Join Date: Jul 2006
Location: Tampa FL
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I'm surprised nobody answered this for you yet. With only two employees, is one really a supervisor? I run two man crews, one is considered senior , but not a supervisor. They are both paid hourly. You will find you will get more work out of both by not giving one a supervisor title. As for the other question you are required to pay them when they arrive at the storage shop and begin work, not at the first stop.
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