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Who's paying overtime?

Discussion in 'Lawn Mowing' started by justmjc, Nov 20, 2003.

  1. justmjc

    justmjc LawnSite Senior Member
    Posts: 261

    Anyone paying overtime to the employees or are you running strictly up to the 40 hour mark?

    Is it illegal to pay a straight time over 40 hours? I've never had to go ove 40 hours so I've never been in the situation.
  2. Rustic Goat

    Rustic Goat LawnSite Bronze Member
    Posts: 1,194

    Bad boss/business owner that will allow OT.

    Check with Wage & Hour people for your state, most have over 40 = time and a half.

    New legislation was passed recently wasn't it?
    Employers being able to compensate OT worked with time off the following week instead of paying OT.
    Sort of like time off for good behavior.
    Don't know any factual details about it though.

    I didn't say it makes sense to me, that's just what I remember.
  3. i think that overtime bill was voted down i aint 100% certain though.
  4. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    Yes, I pay overtime, its unavoidable.
  5. Grassmechanic

    Grassmechanic LawnSite Silver Member
    Posts: 2,697

    over 40 hrs, you half to pay time and a half. However, you can work 4- 10 hr days and not pay OT.
  6. CheapPete's Lawncare

    CheapPete's Lawncare LawnSite Member
    Posts: 4

    Actually it depends on your individual state's labor laws. Also depending on how you classify your business. If it's just a seasonal business, then no overtime pay. If you work 50 hours then you are payed straight time on the 50. You might want to look into the way your state defines seasonal business (how many weeks to qualify) vs. year round and then adjust accordingly.
  7. kickin sum grass

    kickin sum grass LawnSite Senior Member
    Posts: 628

    Would you work overtime hrs and want to not get paid overtime?
    Pay it if they work over 40. It could be a lot cheaper then having to hire another person depending on your situation.
  8. lbmd1

    lbmd1 LawnSite Senior Member
    Posts: 462

    Actually Cheap Pete is correct regarding overtime pay. You have to find out how your state classifies you and whether you meet criteria reagarding operating a seasonal business. There are many variables, one being what % of money is made within a certain # of months. Like if you make 75% of your money within the first 3 quarters or such, then you might be a seasonal business. Have to check with your attorney, the state won't let you know a damn thing.

  9. Tony Clifton

    Tony Clifton LawnSite Senior Member
    Posts: 865

    Bad boss/business owner that will allow OT. ????????????????????????????????????????

    Rustic Goat, just out of curiosity what size operation are you running? Hats off to you if your guys never work overtime. We work 4 10 hour days but sometimes overtime is unavoidable, even some of the best owners in the industry will tell you that. Why is there always so much negativity in all of your posts?
  10. Gene $immons

    Gene $immons LawnSite Bronze Member
    Posts: 1,028

    Just a thought.

    What if, in the winter, you pay an employee for 40 hours, but you really only worked 30 hours.

    The next season, when work picks up, he "owes" 10 hours.

    So if you work 50 hours, you only owe him 40 hrs. of pay and avoid paying O.T.

    Make sense?

    Legal or no?

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