We are a small CBRF (community based residential facility) in Wisconsin, with 12 full-time employees. In the past when a full-time employee could not work we either have a temporary/pool employee to work ($12.00 per hour). However, sometimes pool employees are unavailable. In that case we have other staff fill in if they are available (at time and a half for overtime). Some of our full-time staff will make $16-18 dollars an hour when working overtime.

One of our business partners wants to have our full-time employees also work as pool employees. Can we legally do this? I did not believe a full-time employee could also work as a temporary employee for the same company.

Please help,

The employee can have two jobs with the same company.


An employee covered by the overtime pay provisions of the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked for his employer over 40 in a single workweek. The overtime rate is 1.5 times the employee's regular rate of pay.

When an employee works at more than one job for the same employer and the jobs' pay rates differ, the employee's regular rate of pay must be determined, usually by the "weighted average" method (29 CFR [section] 778.115). The amounts that the employee would earn at the straight-time rates for each job during the particular workweek are added together, that amount is divided by the total number of hours worked, and the result--the employee's weighted average rate of pay for that week--is the basis for determining the employee's overtime pay rate for that week.

Here's an example: An employee is paid $10 per hour for a full-time job of 40 hours per week and $6 per hour for a second job, in which he works 10 additional hours at the end of the workweek. At straight-time rates, he would be paid $400 for the full-time job (40 hours at $10 per hour) and $60 for the second job (10 hours at $6 per hour). The total, $460, is divided by the 50 hours worked, producing the weighted average regular rate of $9.20 per hour and an overtime rate of $13.80 ($9.20 multiplied by 1.5). Therefore, the employee would be paid a total of $506-$368 for the first 40 hours at $9.20 per hour, and $138 for the 10 overtime hours at $13.80 per hour, regardless of which job he worked during the overtime hours. Note that the employee's regular rate and overtime rate could change weekly based on the number of hours worked.

Shirley

What is the difference between a temp and a pool employee?

Aren't they both from an outside resource? And you pay another agency when they come to work for your company?

If a full time employee works for any reason over 40 hours per week, under federal law they are entitled to time and one half. This was my understanding the whole time I was a human resources and payroll manager.

This question was in April of 2010.

Yes OT must be paid that is why you use the weighted average as I have described above.

A temp is not your employee the temp is the agencies employee. Generally a pool employee is from your company in a pool department. This pool is for anyone that needs an extra employee usually they are secretarial or call center in nature.