Thinking of going to peace work

Discussion in 'Employment' started by C&C Landscaping, Oct 14, 2018.

  1. That Guy Gary

    That Guy Gary LawnSite Silver Member
    Messages: 2,412

    If this were true a salary would also be legal for non exempt employees as long as min. wage laws aren't violated.

    It's not true though.

    It's all spelled out in the links you ignored because you know it all already. Here's an excerpt about California:

    "NFIB Small Business Legal Center sought to get the California Supreme Court to review those decisions; however, the State Legislature intervened. With enactment of Assembly Bill 1513, the Legislature made clear that employers, using a piece-rate compensation scheme, must pay employees for rest, recovery, and other non-productive periods—in addition to their piece-rate."
     
  2. TPendagast

    TPendagast LawnSite Fanatic
    Male
    Messages: 15,196


    STOP

    People all over are doing it
    I provided a link to the book teaching you how to do it.
    With all the rules and how tos necessary
    You’re making it way harder than it is with your lack of reading comprehension.

    Use a spread sheet like I said to easily calculate the minimum the law requires
    As long as their peice rate calc is more nothing special is required
    If it’s not more, then pay the minimum

    If your peice rate isn’t paying more than the minimum , then it won’t work in the first place abd you have different issues.

    So you can stop now.
     
  3. That Guy Gary

    That Guy Gary LawnSite Silver Member
    Messages: 2,412

    So basically you're saying that an employer and employee can (wink wink) agree that the regular hourly rate of what they are doing is minimum wage, and things are all good.

    Well no ****.

    There are countless companies out there compensating their employees in ways that technically violate the law. Here's the kicker though, and you know this is the reality. No one is going to investigate if no one complains.

    You can pull the same trick for non exempt employee with a flat salary. You get paid $7.25/hr or $600/week, whichever is more.

    The way the law as written requires employers to provide additional compensation beyond normal wages or pay for any work beyond 40 hours. There is some exceptions to that, like sales and ag, but other than the explicitly defined ones, it's really cut and dry.

    I'd post the section on piece work in the FLSA but for some reason their is a carriage return after every word. Labor law violations are really common in my experience and rarely are their any consequences.

    Just because you can get away with it with cooperative employees doesn't make it legal. Just cause a dude wrote a book he sells on the internet it doesn't mean he's not advocating something illegal.

    I really don't have a problem with flat rate piece work, the minimum wage test should suffice. I used to think the same about flat salaries for laborers too until I became more educated on exempt and non-exempt status.

    That is the biggest hoop out there. Any employee that qualifies as non-exempt is entitled to additional compensation for work over 40 hours. One you pass through that hoop there isn't any exceptions.
     
    Mark Oomkes likes this.

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