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We have a few opportunities at our company that are a bit different than our normal work. We have many hourly employees that work on standard production -- 40 hours plus overtime for any work over 40.

These new opportunities that we have are more project or piece rate oriented. We are considering working with 1099 contractors to get these projects done but have had our employees ask to be given these projects to work on in their off hours. Our concern is in how to structure the pay of these projects when we the people already get a salary from our company.

Can we pay an existing hourly employee either a fixed price for a project or a piece rate on production or will we run into problems with overtime pay laws? We would really rather give our employees these opportunities, but if we have to we will bring in temps or contract workers.

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This is a business decision and not a question about navigating the workplace. So it is off topic for this site. – Chad Feb 19 at 21:35
I apologize for this, I did not know that this would be off-topic. Is there a more appropriate forum to post this in, or is this question out of bounds for stack exchange? – user1341514 Feb 19 at 22:20
I have closed this question, but not because I feel like the subject matter is off topic, but because you are asking specifically about potential legal consequences, and we have determined that these are off topic for this site. I think you are really best consulting a lawyer (and certified accountant) on this issue. – NickC Feb 19 at 22:43
thank you for the feedback -- I will keep it in mind in the future. – user1341514 Feb 19 at 22:45

closed as off topic by jcmeloni, Chad, NickC Feb 19 at 22:41

Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined in the FAQ. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about closed questions here.

1 Answer

The rules of payment and overtime constraints are best asked to a lawyer - it's going to be dependant on your location and the nature of the work. In the US - it's not just the country, but also state regulations that can be variable, and unions also play into the mix in some scenarios.

The other question, from a more managerial perspective, that you may want to answer is - how will after hours work affect the salaried work that you are already paying for? Most salaried work is salaried because there is a reasonable expectation that the work is somewhat fluid and not conducive to simply clocking in and clocking out - most salaried positions have the expectation that workers may be asked to work some unpaid extra hours that are within their job descriptions.

If you pay them extra for doing work that isn't in their job descriptions - will there be a conflict when you ask employees to work the regularly expected overtime that is part of their salaried work. Theoretically, I'd expect you don't want to change the nature or the quality of the salaried work by offering this extra incentive work... so you won't be happy to hear "I can't stay late and do that... I have to finish my peice work." -- in particular because chances are good that you need both things to get done - both the salaried work and piece work/hourly work is important. If you have one person doing both then you suffer double the calamity if the person has a work/life issue can can't get something done or if some job requires a little extra attention.

It's worth pursuing the legal questions, but regardless of whether it's OK under the law, consider how you want to administrate this, and whether it's worth the added risk.

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I will be asking a lawyer as well, I wanted to get my thoughts inline appropriately first though, as they are expensive to talk to if you don't have all your ducks in a row first =D As to the topics of your post, all extra projects would be on a volunteer / request basis only. We weren't thinking about using internal employees at first, but they have requested the the chance to do this work. All assigned work would need to be completed before the employee is eligible for additional projects. a lot of these are optional for us or we would just like to complete them early. – user1341514 Feb 19 at 22:25

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