Discussion in 'Employment' started by Baldguy36, Aug 14, 2012.

  1. Baldguy36

    Baldguy36 LawnSite Member
    Messages: 3

    Ok so here is the deal. I have had a lawn care business for the last 9yrs. I am also currently employed. Two years ago my boss came to me and asked if I would be interested in maintaining the property. Of course I agreed to it. No problems until now. One of the upper management bosses told me to stop cutting the grass for now because he found some kind of federal regulation that states if an employee does work or service for the company he works for outside of his normal job and his business is in his name, the employer has to pay for hours worked. For example I work a 40hr week and it takes 5hrs to take care of the property they have to pay me for a 45hr work week on top of the contract money. It does not make any sense to me. If anybody has any input or knowledge of this law please reply.
  2. Goldendog

    Goldendog LawnSite Member
    Messages: 112

    Doesn't sound correct to me. The place you work at contracted with your lawn care company. Who or how your company performs the work is a total different thing.

    Now if they just contracted with you and not your company total different deal. They are correct, this is to stop companys from getting around overtime laws etc.
  3. Baldguy36

    Baldguy36 LawnSite Member
    Messages: 3

    That's what I thought, but they claim its done by S.S.# not name. The good thing is they are trying to find a loop hole.
  4. grandview (2006)

    grandview (2006) LawnSite Gold Member
    Messages: 3,465

    You should be using you EIN number for your business not your SS#
  5. larryinalabama

    larryinalabama LawnSite Fanatic
    Messages: 19,643

    You should work for cash.
  6. LawnGuy110

    LawnGuy110 LawnSite Bronze Member
    Messages: 1,105

    This. Cash is king in this economy!
  7. KeystoneLawn&Landscaping

    KeystoneLawn&Landscaping LawnSite Senior Member
    Messages: 774

    If you are a sole proprietor you don't need a EIN, you can use your social.
  8. Shawn S

    Shawn S LawnSite Member
    Messages: 87

    The problem is that companies use your scenario to get around paying overtime. So they pay John Doe to do Job A at 40 hours a week, and then they hire John Doe's company to do Job B at 20 hours a week so they can avoid paying John Doe overtime.
    It's a law that was put into place because a business owner found a loop hole, so they closed the loop hole and didn't leave a way for the honest people to do what you are doing.
  9. Baldguy36

    Baldguy36 LawnSite Member
    Messages: 3

    Thanks guys, I gave up on the back and forth run around they were giving me. The people in the "front office" had somebody they wanted to use, so I really didn't have a chance to keep it anyway.*trucewhiteflag*
  10. TPendagast

    TPendagast LawnSite Fanatic
    Messages: 11,099

    thats unfair business practices, I thought the OWNER gave you the contract, the front office people work for HIM not the other way around.

    You are contracting separately, under the correct and applicable laws. They don't have to pay you those hours, because you have your own equipment, truck etc.

    So his thing he thinks he found is irrelevant. Who cares what the "front office" wants, you have a deal with the OWNER, exercise that deal.

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