Employee doing Conctract Work

birdgirl

Can an hourly employee (or exempt for that matter) do contract work as well. We are looking to create a new position that would be 30 hrs/wk to oversee one area of our preschool program. There is another area within the program that would like this person to pick up some responsiblities on a contract basis (a sort of job-share situation). Can this work or does it fly in the face of FLSA?

NaeNae55

You can only do this under certain circumstances. The 2nd job has to be COMPLETELY different. For instance, a clerical worker who might contract with you to do grounds maintenance or janitorial duties. That person would have to bill you, etc. It can get very complicated and is easy to mess up.

I recommend that you don't go there. It is too easy to get into trouble and the consequences far outweight the benefits.

Good luck!

Nae

stilldazed

Agree with Nae. You can do it, but proceed cautiously and ensure that the contract work has nothing to do with the worker's regular duties. Also, review the multiple definitions of an independent contractor. The more of the criteria you have evidence for proving favorable as an independent contractor for the contract work, the more likely you are to withstand scrutiny in case you are challenged. Remember that the challenge may arise from another coworker who wants and thinks he/she can do the contract work, or a disgruntled worker/contractor at the end of the contract. If you leave room for doubt on the IC status, DOL will likely interpret that your IC is actually your worker and due hourly wages/OT for the extra duties.

best wishes.