# exempt industry - overtime question



## NorthernSvc's

Anyone know if snow removal is an exempt industry? is there a way to get around the 40 hours per week thing in regards to overtime? I'm sitting down to write my employee handbook and i'm interested to see how everyone handles this situation that has full time employees.
this is my first year with 2 full time employees... I will call the lawyer tomorrow, just interested to see what all of you are doing.
Thanks


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## 1olddogtwo

Good luck with that. If I worked for ya, I wouldnt after I received that check that was shorted OT. Hell we pay DT after 60.


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## NorthernSvc's

do you have 2 different paygrades? normal shop pay ( general labor pay for normal work) and plowing? or do you get one standard rate with your company old dog?


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## NorthernSvc's

reason why is this I have 2 sets of employees seasonal who only work when it snows - make xx an hour driving if they are doing more than 40 hour per week plowing i have no issue paying overtime.

second is my 2 fulltime whoe make xx an hour doing normal stuff working on trucks, takking down christmas decorations ( currently), power washing... and then if it snows bump up to their old plowing rates - xx an hour....
in my mind it's one or the other... im thinking of making it so they get their hourly rate, and i was even thinking of offering 1.5 times normal when it snows regardless of where they are hour wise, and then if they hit 40 hours they just get overtime, hell at that rate I would have no issue of even giving the DT after 40 if they are plowing...


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## 1olddogtwo

My regular job pays at ot at 40, DT at 60

Arctic pays OT at 40, myself as a sub, my contract rate across the board.


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## cda817

If your guys are working 40 hour weeks all winter long and then cross the OT threshold you have to pay it out like normal. Most of my guys are laid off for the winter so they go from 0 to 20 or 30 and back to 0 and even tho they may hit 45 hours for a single week they are not working enough hours regularly to qualify.


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## brianbrich1

According to the federal fair laborers law act any employee who exceeds 40 hours in a week( 7 consecutive days) is entitled to overtime. There is no Illinois state law that has a daily overtime threshold but some states do.


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## dfd9

brianbrich1;1629622 said:


> According to the federal fair laborers law act *any employee who exceeds 40 hours in a week( 7 consecutive days) is entitled to overtime.* There is no Illinois state law that has a daily overtime threshold but some states do.


Not true. Not true at all.

That is a very broad statement.

OP, you're fine until someone turns you into DOL.


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## brianbrich1

Basic Provisions/Requirements

The Act requires employers of covered employees who are not otherwise exempt to pay these employees a minimum wage of not less than $7.25 per hour effective July 24, 2009. Youths under 20 years of age may bepaid a minimum wage of not less than $4.25 an hour during the first 90 consecutive calendar days of employment with an employer. Employers may not displace any employee to hire someone at the youth minimum wage. For additional information regarding the use of the youth minimum wage provisions, see the Wage and Hour Division Fact Sheet #32: Youth Minimum Wage – FLSA.

Employers may pay employees on a piece‑rate basis, as long as they receive at least the equivalent of the required minimum hourly wage rate and overtime for hours worked in excess of 40 hours in a workweek. Employers of tipped employees (i.e., those who customarily and regularly receive more than $30a month in tips) may consider such tips as part of their wages, but employers must pay a direct wage of at least $2.13 per hour if they claim a tip credit. They must also meet certain other requirements. For a full listing of the requirements an employer must meet to use the tip credit provision, see the Wage and Hour Division Fact Sheet #15: Tipped Employees Under the FLSA.


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## brianbrich1

When I have more time I will do some more research on the FLSA and copy and paste more info. In the end my employees receive time and a half over 40 hrs in a week.


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## dfd9

brianbrich1;1629792 said:


> Basic Provisions/Requirements
> 
> The Act requires employers of covered employees who are not otherwise exempt to pay these employees a minimum wage of not less than $7.25 per hour effective July 24, 2009. Youths under 20 years of age may bepaid a minimum wage of not less than $4.25 an hour during the first 90 consecutive calendar days of employment with an employer. Employers may not displace any employee to hire someone at the youth minimum wage. For additional information regarding the use of the youth minimum wage provisions, see the Wage and Hour Division Fact Sheet #32: Youth Minimum Wage - FLSA.
> 
> Employers may pay employees on a piece‑rate basis, as long as they receive at least the equivalent of the required minimum hourly wage rate and overtime for hours worked in excess of 40 hours in a workweek. Employers of tipped employees (i.e., those who customarily and regularly receive more than $30a month in tips) may consider such tips as part of their wages, but employers must pay a direct wage of at least $2.13 per hour if they claim a tip credit. They must also meet certain other requirements. For a full listing of the requirements an employer must meet to use the tip credit provision, see the Wage and Hour Division Fact Sheet #15: Tipped Employees Under the FLSA.


This C&P has nothing to do with OT requirements, only minimum wage. Well, and piece work.

You're getting there however.



brianbrich1;1629793 said:


> When I have more time I will do some more research on the FLSA and copy and paste more info. In the end my employees receive time and a half over 40 hrs in a week.


Mine do as well, at least the ones that are eligible for OT. Whether they work 40 or 60 hours.


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## 1olddogtwo

really...No I'm reading this wrong, right?


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## dfd9

1olddogtwo;1629803 said:


> really...No I'm reading this wrong, right?


Really...you're reading this right, wrong.

Depends on what you're reading.


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## 1olddogtwo

It think its fair to say u and I will never agree on much.


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## dfd9

1olddogtwo;1629949 said:


> It think its fair to say u and I will never agree on much.


So you think that every employee MUST be paid OT?

Or are some employees exempt?


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## brianbrich1

it clearly states in my original copy and paste that's some employees are exempt I just did not list who is exempt feel free to copy and paste that information if you would like as I know that's what point you were trying to make


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## 1olddogtwo

dfd9;1629950 said:


> So you think that every employee MUST be paid OT?
> 
> Or are some employees exempt?


Yes there is exempt employees there is no doubt about that. We have exempt employees, they are on salary, or owners. We also have some that work on commission. This thread has nothing to do with what your dragging in. The OP has a Simple question about two, just two total employees.

Now tell us how u think he doesn't have to pay OT?


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## 1olddogtwo

brianbrich1;1629951 said:


> it clearly states in my original copy and paste that's some employees are exempt I just did not list who is exempt feel free to copy and paste that information if you would like as I know that's what point you were trying to make


yes I'm curious about what mythical belief there is about not paying overtime in the snow community.


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## dfd9

1olddogtwo;1629956 said:


> Yes there is exempt employees there is no doubt about that. We have exempt employees, they are on salary, or owners.


So we do agree on some things.

And what you stated is exactly the point I was making. brianbrich stated ALL employees must be paid OT, I stated that was a broad and incorrect statement. Because you just made my point.



1olddogtwo;1629956 said:


> We also have some that work on commission.


Commission does not mean someone is exempt from OT.



1olddogtwo;1629956 said:


> This thread has nothing to do with what your dragging in. The OP has a Simple question about two, just two total employees.


It most certainly does have something to do with the points I questioned and you answered.

Because if the OP pays his employees OT but both are exempt from being required to be paid OT, he was given faulty information. We don't know if his TWO employees are exempt or non-exempt, so on this point we disagree and you are wrong.



1olddogtwo;1629956 said:


> Now tell us how u think he doesn't have to pay OT?


Now, tell me where I stated that I know the classification of his employees and whether or not they are exempt from being paid OT?

Because I didn't. The only statements I have made are in response to brianbrich making an overly broad and incorrect statement.


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## dfd9

1olddogtwo;1629957 said:


> yes I'm curious about what mythical belief there is about not paying overtime in the snow community.


Me too, because this is NOT what I was questioning.


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