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Paying someone as a temporary and employee in the same work week

We have someone who was working as a temp employee, paid through a temp agency. They worked on Sunday as a temp. We then hired them on Monday and they worked the balance of the week as our employee. The individual is now asking for OT to be calculated for the Sunday time. Do we calculate that, or let the temp agency pay regular time for the Sunday hours and we pay regular time for Monday through Friday? They work in Oregon, if that matters.

Comments

  • The temp agency looks at hours worked while he/she was their employee. You look at hours worked while he/she is your employee. This is what the law says. Encourage the employee to call up federal DOL and explain them why he/she is special and deserves special handling. Then do whatever DOL tells you to do.

    stheriaultjadegurl
  • Even if this person was your employee for all six days, whether the employee is due overtime depends upon the workweek - that is, if Sunday is in a different workweek than the other days, no overtime would be required.

    However, this also appears to be a joint employment situation.
    "Under the FLSA, each of the joint employers must ensure that the employee receives all employment-related rights under the FLSA (including payment of at least the federal minimum wage for all hours worked and overtime pay at not less than one and one-half the regular rate of pay for hours worked over 40 in a workweek, unless an exception or exemption applies). Furthermore, joint employers must combine all of the hours worked by the employee in a workweek to determine if the employee worked more than 40 hours and is due overtime pay."
    See WHD Fact Sheet #35: Joint Employment Under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
    https://www.dol.gov/whd/regs/compliance/whdfs35.htm

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