2 jobs for 1 EE - regular 40 hrs and sub contracting

T

Situation: EE works 40 hrs/week. This same EE wants to clean the offices after hours. Does anytime she clean count as OT (of course only over 40 hrs) or can I 1099 her on the cleaning job. I guess what I'm asking is: Do both jobs technically fall under one or can I treat them separtely????

Thanks.
-T

marc

Yes, you would have to pay the overtime. I think there is a formula for blending the pay rates (if they are different) to come up with the OT rate. You can try the 1099 route, but in my opinion, that would fail if you were ever audited for it. Then you would owe the OT and the penalties.

T

The rates will be different. Do you know where I would get the formula? I can remember going to a seminar about this a few years back, but to find the documentation is another nightmare.

Thanks.
-T