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I need some direction. A company wants to hire a number of part-time W-2 employees at decentralized locations it is not a 1099 job. The job description thumbnail is to maintain contact with customers
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Pay Structure

posted at 11/17/2010 7:19 AM EST
Posts: 9
First: 3/24/2009
Last: 11/18/2010
I need some direction. A company wants to hire a number of part-time W-2 employees at decentralized locations it is not a 1099 job. The job description thumbnail is to maintain contact with customers with about 4 “touches†per month outside customer service is a good portrayal. For each individual, their work load would typically be no more than 40 hours per month. These jobs would be exempt positions if full time. But because of the part time nature, the weekly pay doesn't make the cutoff. As these are ‘remote' field jobs with low to no supervision there is a real desire to not have to go through all the time tracking and reporting for a non-exempt. The desire is to pay as an exempt or flat fee per client ‘touched' per month. Is this black and white or are there alternative pay strategies that I'm missing?

Pay Structure

posted at 11/17/2010 7:55 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
I think you would have a tough time defending these positions as being exempt under FLSA. They do not appear to meet any of the FLSA criteria for exemption based on what you've provided.

Pay Structure

posted at 11/17/2010 10:36 AM EST
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
It is possible you can use a Belo plan (fluctuating work week salaried non-exempt), but you would still have to track time and would be accountable for OT. (also minimum wage)

Pay Structure

posted at 11/18/2010 6:46 AM EST
Posts: 9
First: 3/24/2009
Last: 11/18/2010
Thanks for the Belo lead - I'll run it to ground.

Pay Structure

posted at 11/18/2010 8:54 AM EST
Posts: 9
First: 3/24/2009
Last: 11/18/2010
Do you think the The âFluctuating Workweekâ Method will work here? Anyone have experience with this?

Pay Structure

posted at 11/18/2010 12:42 PM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
I would not recommend it. It is no easier of a calculation than hourly. I would suggest a timekeeping system such that the Employees call in or login their hours...which can be electrically Loaded to a payroll system...

Pay Structure

posted at 11/19/2010 3:41 AM EST
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
Actually I have used it extensively and it is pretty simple. The reality too is that depending upon the amount of OT used, if ever, the actual exposure to the company is almost always less than time and one half. I've seen it as low as 1.16%.

Pay Structure

posted at 11/19/2010 7:25 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
HRPro, I agree it is simple if your payroll/timekeeping systems can handle it correctly, but I have seen way too many payroll systems and people who have no clue! (and yes, I wear both HR and Payroll hats)

But it still requires consistent recordkeeping and the employer must still track all hours worked. I'm not seeing where a Belo plan would truly solve that issue. Just add another layer of possible misunderstanding to the equation (because even if the employer understands the calculations, I have yet to find employees who do!)

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