Extra Work and Time Clock GEORGIA

Our office is conducted a special project which is requiring all of our medical charts to be scanned after hours. They have elected to hire our employees to work after work at 10 an hour and reported on 1099. If this employee originally worked 8 hours that same day,would we have to report those additional hours as overtime?

We tell our employees their shift is 8:00-5:00. They clock in sometimes 10 minutes prior to their shift. Are we required to pay them for the 10 minutes they clock in prior to their shift? Also, we tell them to take an hour lunch because they will be docked the hour, however some people clock in after a 45 minute lunch, would we be required to pay them the 15 minutes they clocked in early.

THanks

Comments

  • 5 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-15-04 AT 12:31PM (CST)[/font][br][br]Regarding the 'extra' work, see my response to Lon. If you are not public sector, then the extra work is o.t at 1x1/2. I dn't know if Ga is o/t after 8 or 40 , but it will be at least after 40.
    If they clock in and they are working, and you know it, you must pay. If they clock in and arn't working, you may have to defend yourself someday because the clock is the best evidence of how they should have been paid. Most of the time, a few minutes doesn't matter, but if you let them work, the time counts.
    Forgot to add: this is not a 1099 appropriate situation. That is just asking for trouble.
  • You would be liable for overtime. Many employers try to do this under the guise (probably well intended) to give employees money. But...there's no way you can work these folks more than 8 hours a day and not be liable for overtime.

    It's never a good idea to let current employees work "extra hours", work a "second job" (at night, weekends, etc.). It will amaze you that the employee that you tried to help out by giving them an opportunity to earn extra money will go singing a song to the DOL the first time something doesn't go their way.

    It would be better to hire temporary workers or college kids to do this work for you.
  • I agree with the input so far. The only thing to add is that the 15 minutes they are working during the lunch break must also be paid.
  • It's fine to pay $10 an hour for the scanning work, but it's not a 1099 eligible situation and the time worked must be at overtime after 40 in a workweek, even in this situation. You may have some wage averaging to do if the wage varies. I would either keep them at work and pay overtime and pay their same regular wage for the scanning, or farm it out. I agree it would be cleaner and simpler to farm it out.

    Also recommend you have and enforce a firm policy of how early one may clock in and how late one may clock out and that they NOT cut their mandatory lunch period short by clocking back in early. In a DOL investigation, the clock rules.
  • As for the lunch and clocking in early....
    I don't know how you calculate your pay, but you can do it several ways:
    1) pay them the exact time that they clock in/out
    2) round up eitheir by each 15 or 10 minutes. (If clock in 7 minutes would be rounded down, 8 minutes rounded up.)
    (The same thing with 10 minutes.)
    However, if you do rounding, you must be consistent with all.
    This is approved by Federal and state of GA. You do owe them for any time worked, whether you asked the to or not. Otherwise it is a discipline problem.
    You can pay the employee a different salary for the "extra work", but you do have to pay them overtime when work more than 40 hours a week. No way to get out of this.


    E Wart
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