- Location
- Retired in Minneapolis
Time To Step Up
- Thread starter BoomBitch222
- Start date
Fivepoints
Carpal tunnel level member
- Location
- East of Huntsville, AL
Timber and forestry were exempt from overtime last time I looked according the flsa. I fully understand tree service work is different but the powers that be may see it as forestry. We are even part of the Alabama urban forestry association so its not necessarily a huge stretch from that standpoint.
That said, legal or not, owners need to treat their folks fairly. We pay overtime after 40 and if we call someone in for an emergency job when they were scheduled off, even if they don't have 40 hours already. We don't work on holidays unless it's an emergency job.
That said, legal or not, owners need to treat their folks fairly. We pay overtime after 40 and if we call someone in for an emergency job when they were scheduled off, even if they don't have 40 hours already. We don't work on holidays unless it's an emergency job.
BoomBitch222
Participating member
- Location
- Roseville
Well I bounced but my fiance is still there until we get him a new car. Luckily having us all walk at once shook him up and he at least offered my fiance a hefty raise, fully laid health insurance, 6% 401k match and fully paid medical, OT after 50. Its better than nothing for now
BoomBitch222
Participating member
- Location
- Roseville
We were 1099
BoomBitch222
Participating member
- Location
- Roseville
Nope, thats what starters made at the company and still do
BoomBitch222
Participating member
- Location
- Roseville
No but might as well have been
BoomBitch222
Participating member
- Location
- Roseville
Not under the table but 1099. He got a really nice offer for staying on but Im hoping he moves on to another company once we get him a new vehicle
- Location
- Retired in Minneapolis
many employers claim that workers are sub contractors there are clear criteria that define a sun contractor from an employee
The rules are easy to find
The rules are easy to find
evo
Been here much more than a while
- Location
- My Island, WA
I have a hard time believing any laws still exist exempting the 40 hr a week law. I'm much like you, non of us really care about the holidays and I don't make anyone work them they are free to decide.
Personally I pay OT over 8 hours, double for call in emergency work outside normal hours, and of course 1.5 over 40... If I make money my crew does as well.
Here 1099 work is very strict and unless you have all your own equipment and work entirely independently your not a legit sub. Folks who hire 1099 labor are just taking advantage of the 'employee' when it comes tax time your screwed (say good-bye to close to 30%), you get hurt your screwed, you break something your screwed... on and on...
southsoundtree
Been here much more than a while
- Location
- Olympia, WA
The 1099 thing sounds as bogus as the rest.
Fivepoints
Carpal tunnel level member
- Location
- East of Huntsville, AL
There's a whole bunch of people that are exempt from the 40 hour work week overtime laws. I worked for 3 different places when I was younger that I wasn't eligible for overtime.
southsoundtree
Been here much more than a while
- Location
- Olympia, WA
Ever heard of a residential tree service being one, though?
Heard of the boss setting the point at which overtime is paid?
Heard of the boss setting the point at which overtime is paid?
Fuck yea! Welcome, you can find more lady climbers on Facebook and in the WOTT megathread here on treebuzz. Welcome fellow tree-lady!
Fivepoints
Carpal tunnel level member
- Location
- East of Huntsville, AL
Ever heard of a car mechanic shop being one? Well they definitely are.
This is what the FLSA states:
“any employee employed in planting or tending trees, cruising, surveying or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight”
Depending on the tree service, planting or tending trees would definitely apply. There's multiple tree services in our area that take the logs and lumber them.
Remember, just because the flsa exempts them federally, doesn't mean the state will allow the overtime exemption.
Don't get me wrong, as I stated earlier, legally required or not, treat your people right. Just understand the business may or may not be legally required to. We set when overtime is paid, IE on emergency jobs when it's that employee's day off even if they don't have 40 hrs. As long as you do the minimum required, you can pay overtime above that whenever you have it set. I could make a policy of overtime after 32 hr a week or after 8 hours that day.
This is what the FLSA states:
“any employee employed in planting or tending trees, cruising, surveying or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight”
Depending on the tree service, planting or tending trees would definitely apply. There's multiple tree services in our area that take the logs and lumber them.
Remember, just because the flsa exempts them federally, doesn't mean the state will allow the overtime exemption.
Don't get me wrong, as I stated earlier, legally required or not, treat your people right. Just understand the business may or may not be legally required to. We set when overtime is paid, IE on emergency jobs when it's that employee's day off even if they don't have 40 hrs. As long as you do the minimum required, you can pay overtime above that whenever you have it set. I could make a policy of overtime after 32 hr a week or after 8 hours that day.
cerviarborist
Very stable member
- Location
- Florida, USA
It also depends upon the state where the job is located. I worked a temporary assignment in California in 2018/19 and was told that due to California wage & hour requirements OT was paid on any time over 8 hour in a particular workday and all hours in excess of 40.
chiselbit
Been here a while
True
Roger_Barnett
Participating member
- Location
- Seattle, in the PNWet
Which is illegal unless you are licensed contractors.
Fivepoints
Carpal tunnel level member
- Location
- East of Huntsville, AL
I don't get why all the employees put up with being a 1099 in this business when they clearly aren't. I don't think most of them understand the social security tax and medicare pay in that they have to pay both sides of if a 1099. If you really are a sub, okay. We occasionally use a buddy of mine for some contract climbing as a 1099 but he has his own license and insurance. He works with us 2 to 3 times a year when we need some extra help. My stump grinder is the same way so he's 1099. There's multiple tree services around here that pay their people 1099. There's only 3 including us that I know of that pay as a W-2 employee.
This practice is rampant in the building trades too, even in high dollar markets. I don't think that people in general value plant and tree health that much and as a result view it as unnecessary (until their house gets smashed by a hazard tree that they ignored for 20 years) and not worth spending lots of money on. That translates to going with the lowest bidder, which translates to people's opinion of tree services as groups of hack hillbillies, which furthers the perception of the work as unskilled and not worth much and the cycle continues. I personally see strong enforcement of penalties for licensing and work/labor practice violations as important to changing hearts and minds about this. I also think that routine, quality visible municipal maintenance of trees in public spaces as important to creating the right perception about tree care. Is this officially a derail yet??
