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  • pay per job employees

    Our company operates a commercial cleaning business in Salt Lake City, Utah. We started our business three years ago and structured a payment plan that pays the employee by the job performed (pay per job) along with mileage if they take their own vehicle. We also have them track their hours so that we can break down the drive time if their riding with someone to determine what the hourly rate of pay would be at the end of the day. So far, (three years) no complaints until last week. A person we hired in January is now disputing that we need to compensate her for her drive time eventhough she's not using her vehicle and she is still in training and riding with the owner. We explained to her that we broke down her hours including the drive time and she made an average one week of $11.32 an hour, another week of $9.72 an hour and the lowest being $7.32 an hour. Some jobs took her 10 minutes but we still pay her the flat rate regardless if it took her an hour or 2 minutes, as long as the job is complete. Are we not in compliance? She's also saying that she doesn't want to keep track of her hours. I thank you in advance for your reply.

  • #2
    Pay Per Job

    What a great start, huh? As long as the average rate of th employee (drive time, etc.) is at or above minimum wage, you are in compliance.

    If she refuses to track her hours, you can proceed with a disciplinary action. Just keep the discipline consistent with others who are disciplined so she doesn't claim discrimination.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      new issue added

      Thanks for such a fast reply! I just received another phone call from her after my first post stating that there is now a descrepency in hours. She has refused to hand in her completed time card for us to review since she has been hired. Since the owner was training her, the owner had logged in the all hours along with the drive time. So, we had to fill in her time card based on the owner that was training her. She also refused to meet with us for her review on Friday so that we could clarify the time card issue and her pay (she claimed that it didn't matter to her and she trusted us). She is disputing that there is 150 hours missing of drive time and that she wants $13.00 an hour for compensation (uuhhh?). I asked her what documentation she has for this claim and she said she made her own notes and that she is going to the labor commission. What can I do?

      Comment


      • #4
        Employee

        What you should do is send her a letter asap...send it certified mail with a return receipt required. (This is so you have proof that she received it.) Federal express or some other overnight delivery service that will provide information as to who signed for the document will also do.

        Int he letter, state that your company wishes to ensure that employees are paid correctly. Let her know that your goal is to ensure that she receives a wage at or above minimu wage for all hours worked. Say that you have requested her time record from her and it is your understanding that she refuses. Say that this is against company policy.Tell her that your company recorded the following hours for her....8 for Monday, etc. Tell her that if she has documentation or other proof that indicates ths information is not correct, that she must provide that information no later than one week from the date of the letter. Let her know that because accuracy is very important to the company, you insist that her rebuttal is in writing.

        Don't terminate her, suspend her, etc. You don't want to be accused of retaliation against her for a wage dispute. However, in your letter, you can say something such as you are expecting her to report to duty on (whatever day is her next scheduled day of work). Tell her that if she does not come to work on that day and/or your company is not informed of a valid reason for the absence, that you have no choice but to believe that shehas voluntarily resigned her position.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Issue escalating

          Since I've been waiting for your reply, she has called. I am now an "evil person" looking to rip off employees and that she's going to go to all of our clients and discuss what "shotty" business we do. She's demanding a peek at my books to see how many people I'm ripping off. She is stating because we are a small business that we don't know what we're doing and that her husband works as a Controller and knows all the laws and that based on her log, she needs to be making at least minimum wage. I asked her to bring her documents and we'll go through them together. She said "I don't want your money, it's the principle" and she also added that she's not the first to go to the labor board about us. I asked her who else has gone to such measures to complain and she replied "with the way that we run our business, someone has surely complained". Anyways, she hung up on me. I will send the certified letter and document the entire conversation. I really appreciate your help as this has escalated and she has become very agitated. Do you feel that I need to do anything else? MUCH APPRECIATION!

          Comment


          • #6
            Communication

            I would add something such as, "Today, while preparing this letter, you called and stated.... While your concern for others is appreciated, we will not release information about pay for other employees for confidentiality reasons. Also, while it is understood that you feel that you have been wronged, we disagree. And, as such, your threats and abusive treatment of our staff in the office cannot be tolerated." Continue to say that she must return to work on whatever day.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              Indebted to you

              Thank you so much and I will take your much appreciated advice.

              Comment

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