Greg Smith and Associates, Criminal Defense Attorneys/
Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512


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"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

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Does a Piece Rate Worker Get Paid Overtime?

Often an employer will tell his employees he doesn’t have to pay overtime because he pays via the "piece rate method." This is especially prominent in the construction industry.

So, if Billy gets paid $20 for every toilet he unclogs and unclogs 5 toilets per day, he gets paid $100. If he only works seven hours per day, five days per week, all is well. After all, $100/7 = $14.28 an hour.

Because minimum wage is $7.25 an hour, his boss is in the clear, and because Billy works only 35 hours per week, overtime is not an issue.

However, if Billy works 45 hours per week, he is owed overtime. Here is how it works according to the United States Department of Labor:

Billy gets a new job because his old job was just too far away from his home. At his new job he works 45 hours in a week and earns $405. It’s a piece rate job, too (assembling widgets &em; he gets $52.62 cents for every widget he puts together). His "regular rate of pay" for that week is $405 (his total pay) divided by 45 (the total hours per week he worked) or $9.00 an hour.

In other words, once you work overtime, it does NOT matter what you get paid by piece rate. Piece rate only matters so long as you are working fewer than 40 hours per week.

In addition to the straight-time pay, Bill is also entitled to five hours of overtime, which is $4.50 (half the regular rate) times five hours (the number above 40). In other words, the employer already paid him $9 an hour for EVERY hour he worked. But, for those other five hours, he was supposed to paid time and a half. But, he only paid time. So, Billy is still owed for the half.

Billy’s boss can pay Billy overtime another way, too. But this way REQUIRES Billy’s approval BEFORE Billy works any overtime, and that method is to pay Billy piece rate and a half for all the hours Billy works beyond 40. In other words, once Billy hits 40 hours, even widget he makes from then on (for the rest of the week) will pay him $52.62 time 150%. So, $52.62 times 1.5 = $78.93.

Again, that can be done only if agreed to before the work is performed. "The piece rate must be the one actually paid during non-overtime hours and must be enough to yield at least the minimum wage per hour."

If you have any questions, call us at 801-651-1512.

Tags: wages

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials

Avvo Clients' Choice Award. 5 Stars

Lawyers.com Reviews

Matindale Hubble Client Champion Lawyers 2018

Google Reviews


   Review Us On Google




Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.



Greg Smith and Associates
111 E. 5600 S. #105
Murray, UT 84107

Salt Lake City, UT

801-651-1512


Typically No Retainer - Easy Payments. *Call for details.


Greg Smith and Associates, Criminal Law Attorneys, represent clients in Salt Lake City (SLC) and all throughout the state of Utah.


DISCLAIMER: I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Aafordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.


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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The user and reader of this information should beware because although we strive to keep the information timely and accurate, there will often be a delay between official publication of the materials and their appearance in or modification of this system, and every case must be looked at individually. Thus, we make no express or implied guarantees that the information on this site is correct, and it should not be relied upon. The Federal Register and the Code of Federal Regulations remain the official sources for regulatory information published by the Department of Labor, and before you do anything, you should consult an attorney, who can review the specifics of your matter. We will make every effort to correct errors brought to our attention, but laws and regulations are constantly changing, and we may at times even misinterpret them.

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