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One Employee Working Two Jobs Minnesota

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  • One Employee Working Two Jobs Minnesota

    We have a unique situation at our company and would like some suggestions on ways to handle the compensation.

    This company goes to trade shows 6 times per year. For these trade shows we take a tractor trailer requiring a CDL licensed driver. One of our employee's who works full time for us as a welder also has a CDL license. This employee's welding hours are 4 ten hour days Mon. - Thur. The driving position would be, for the most part, Fri. Sat. and Sun and few may be Thur. - Sunday.

    The question we have is can we hire him for both jobs independently and not be required to legally pay overtime, since it is two different jobs and one is only 6 times per year? It would be like he worked for us Mon.-Thurs. and did truck driving for another company on the week-ends.

    Or is there a way we can legally pay him a flat rate for these shows even if he has already put in 40 hours as a welder for the week?

    Thank you

  • #2
    Normally the short answer would be no. Under FLSA all hours worked by a non-exempt employee need to be looked at. Even if you were collectly two different related employers, paid overtime would probably be involved. Piece rate or other alternative payments methods by themselves do nothing to relieve the overtime requirements. This is all spelled out in the 29 CFR 778.xxx regulations.

    However, there is a possible wrinkle. The truck driver job may indeed be Exempt from overtime (see the following reference). How that will work with two different jobs with such different calculations is one that I could guess about but do not have a very high comfort level with. My guess is that if the truck driver really does qualify for the following exception, then none of the hours exist for overtime purposes only (but do exist for minimum wage purposes).

    http://www.dol.gov/esa/regs/compliance/whd/whdfs19.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I hate it when exempt jobs are mixed with non-exempt. There must be case law out there that addresses this.

      Assuming both jobs are non-exempt, you get to pay overtime. There are two ways of paying it. One is to take the average rate of pay for the time worked and pay overtime based upon that (that is the default way of paying). It is possible, if employer and employee agree in advance (that usually means employer saying "this is the way we do things" and the employee agrees or quits), you can pay the OT based upon the rate in effect at the time the OT is worked. Sometimes this will be to the employee's benefit (hours at the beginning of the work week were at a low rate, but at the higher one at the end of the work week when the OT kicks in). Sometimes it works to the advantage of the employer.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment

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