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JPEsq
JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5106
Experience:  Experience as both corporate in-house counsel and private counsel
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Can I pay an janitorial cleaner a flat rate per floor of cleaning

Resolved Question:

Can I pay an janitorial cleaner a flat rate per floor of cleaning in the commercial cleaning industry?
Submitted: 4 years ago.
Category: Employment Law
Expert:  JPEsq replied 4 years ago.

Is this person an employee or a contractor?

Customer: replied 4 years ago.
They will be an employee with taxes withheld.
Customer: replied 4 years ago.
The people would be employees with payroll taxes withheld.
Expert:  JPEsq replied 4 years ago.

Thank you for your response.

 

You can make a per job arrangement with an employee, so long as you comply with applicable labor standards, such as minimum wage and overtime. So if you pay the employee $20 per floor, and he takes 3 hours to complete the floors (on average), then you would be paying less than $7.25 per hour, which would be illegal.

 

The same thing goes for overtime. If the employee works over 40 hours per week, you would have to pay at least 1.5x the minimum wage for hours worked over 40.

 

As long as you comply with wage and hour requirements, you can make a "per job" arrangement.

Customer: replied 4 years ago.
What if they work more hours, thus putting them under minimum wage without notifying us? Can they come back sue me..
Expert:  JPEsq replied 4 years ago.
They could. They would file a wage claim or a lawsuit alleging that you knew or should have known that they were working more. If you are going to have the arrangement, it would not hurt to have them keep track of time for at least a while, so you can get an idea of the number of hours they are working.
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