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Guest Timothy J

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Not that it would change my decision but is anything over 40 hours considered overtime? I don’t know what it would take to get me to do that job, but it would be a lot and probably more of a commission structure as opposed to hourly. Like someone said earlier. I work too hard to get paid hourly

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2 hours ago, wade_660 said:

Not that it would change my decision but is anything over 40 hours considered overtime? I don’t know what it would take to get me to do that job, but it would be a lot and probably more of a commission structure as opposed to hourly. Like someone said earlier. I work too hard to get paid hourly

If you're being paid hourly employers are legally required to pay overtime for anything over 40 hours in a work week.

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On May 7, 2019 at 1:40 PM, highplains said:

If you're being paid hourly employers are legally required to pay overtime for anything over 40 hours in a work week.

 

But if he is being contracted as a 1099 employee, does that law still apply?

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23 minutes ago, ErieTint said:

 

But if he is being contracted as a 1099 employee, does that law still apply?

If you're 1099 you're not an employee but an outside contractor who is going to bill for services. There are companies out there that try to skirt labour laws and 1099 people that should legally be on the books as employees and when they get caught there are serious financial consequences. I didn't get the impression from the original post that this was going to be a 1099 type job, I wouldn't accept the terms of what's being offered either way. Federal labor laws can get tricky, I had an employer who had me on salary for the first two years I worked for them that got audited by the feds. My job description and scope of work didn't fit with what the feds qualify for a salary based position. I was subsequently switched to hourly and my employer had to give me back pay overtime for the prior two year period plus penalties(which doubled the payout on my end). Not sure what kind of additional penalties they owed the government but it was something of a fiasco for a couple weeks. 

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