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I am employing a person at a client of mine - I have a

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Second opinion] Hello - I...
Second opinion] Hello - I am employing a person at a client of mine - I have a staffing company. That person is a high-level marketing person. She said that in the 'creative' industry, it's common to be paid a daily pay, rather than an hourly. However, the client wants to pay her a daily pay, but they also want to pay her only a partial day if she works, e.g. 3 hours. If she works 1-3 hours, they will pay her for 3. I'm assuming that's NOT ok, since they aren't really paying her daily pay if they start counting hours. But where is my support for that?
Submitted: 5 months ago.Category: Employment Law
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Answered in 4 days by:
11/15/2017
Employment Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 5 months ago

What state is this in please?

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Customer reply replied 5 months ago
Minnesota
Employment Lawyer: legalgems, Lawyer replied 5 months ago

The terms of an employment contract, can be negotiated between the parties even if the industry standard is different that that which is negotiated (freedom to contract). This is permitted so long as the wage and hour laws are followed (ie minimum wage).

An employer can pay a daily rate and specify the minimum number of hours that need to be worked in order to qualify for that rate; they can also state if a person works a certain number of hours, they will qualify for, for example, half (or the proper percentage) of the daily rate.

3. Does an employer need to pay an hourly employee for a full day of work if he or she was scheduled for a full day but only worked a partial day due to lack of work?

The FLSA does not require employers to pay non-exempt employees for hours they did not work.

https://www.dol.gov/whd/regs/compliance/whdfs70.htm

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Employment Lawyer: legalgems, Lawyer replied 5 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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