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1816 Views 6 Replies 6 Participants Last post by  nlgutters
Is it legal to pay an employee piece work? Suppose you have an employee, W-2, comp. You both agree to X amount per window, or X amount per square of roofing. Is it legal?
Also, the problem I see with this is quality. Some guys may hack stuff to get it done quicker. So if Joe Employee wraps a window, and f's it up, can I make him do it again until it's right before I pay him for it?
Or suppose he wraps a window, then drops the ladder or something, and dents the sill. Can I make him repair that before he is compensated?
I should add the employee would use only my equipment, and materials in this situation.
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IMHO, an employee works for an hourly wage package [W2]....whereas an independent contractor[1099] could do "piece work".
Some guys may hack stuff to get it done quicker. So if Joe Employee wraps a window, and f's it up, can I make him do it again until it's right before I pay him for it?
Or suppose he wraps a window, then drops the ladder or something, and dents the sill. Can I make him repair that before he is compensated?

I believe what you have described in this quote is technically a sub contractor. esp. the hack part:thumbup:

The rest of your post would resemble an employee. I have been told they have to provide their own equipment and have risk of loss to be considered a sub. Anything else is an employee.

But, until you get caught you can call them whatever you want. :clap:
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paying piece work is fine for W-2 income, just make sure he makes at a bare minimum, minimum wage. Many people who have W-2 income get paid piece work, including most mechanics.

Just set up a standard written pay schedule and stick to it. If your employees are motivated, they will make more money while providing you less headaches. Just make sure everyone understands the pay schedule.
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thom has is right.

Also if they work overtime, they have to be paid overtime at minimum wage at least. Hopefully they will make more than this at a piece rate.

Link to rules and laws about this at Washington Labor & Industries website.
http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/CommBonus/default.asp
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Thank you. I am thinking maybe a low hourly rate(more than minimum wage), and a piece work rate.
Thank you. I am thinking maybe a low hourly rate(more than minimum wage), and a piece work rate.

We do it and it works great. And if they screw anything up they fix it on their time not payed. I wouldnt do hourly plus piece work.

And you dont have to pay overtime on piece work!
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