I have a question about overtime. Some background:
We have our employees work off of a time clock. They clock in at the beginning of the day and they clock out at the end. A few months ago I noticed that sometimes the employees have been going for more than 40 hours per week. I spoke to them and said that we can't afford over time, so we are going to have to control the hours better.
They responded (all of them) that they like the additional hours and don't care about being paid overtime. The issue is, that from my research they are not allowed to waive their rights to overtime.
So I am trying to come up with a few solutions to protect me as well as allow them to work more than 40 hours. While I dont think it makes a difference, all the employees are making well over the minimum weekly amount for exemption. One idea I had was as follows:
Currently, we offer paid lunch as well as they get paid the drive back from the job site to the office even if it is more then an hour away. So I can remove those benefits. The problem with that, is while it would protect me, they will be losing the extra pay. So am I allowed to not pay that on the clock, and instead offer a bonus or something like that for "returning home drives" or "lunch pay". So they still get the money but it won't be on the regular clock?
While that may help me with the travel, it doesn't really help if there are weeks that they put in more then 40 hours per week not traveling. Any suggestions on how I can let them work more hours without having to pay overtime? Even if I were to put them on a salary, it wouldnt help as from my understanding a low voltage job is not an exempt job.
My foreman, at least it sounds like if he is on a salary, he will be exempt.