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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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I have an employee who is working full time with my company,

Customer Question

I have an employee who is working full time with my company, but also works part time at a bar at night. She would like to quit that job and make up the time with us. The problem is she is making $25.00 per hour and I can't pay overtime. Can I use her as an employee and sub contractor?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

No, because you could face liability for misclassifying the employee as a independent contractor. The only feasible way would be to reduce her normal wage rate and then pay overtime when earned. Any other way would create a risk of liability.

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