H1 worker on W2 hourly

[karthik.raja2k11@gmail.com]

Hi,

 

Can a H1B employee transfer his visa to enployer "A" and work on A's W2 on hourly rate instead of FULL TIME package ? In that case what is the benefit / difference from the employer point on full time Vs paying hourly ?

 

 

Thank you,

Karthik

 

[JoeF]

Even if you are paid hourly, the law (20CFR655.731) requires that you are paid for at least 40 hours per week, even if you work less.

Are you getting paid for 40 hours/week?

[karthik.raja2k11@gmail.com]

Hi,

 

It is not me, one of my friend got an offer in that way. So I was wondering, if that is okay to work / accept the offer.

 

Thanks,
Karthik

[JoeF]

As long as the person gets paid for 40 hours/week, even if the person works less, it is ok.

Of course, an employer who offers hourly pay is either not very smart, or thinks the employee doesn't know about the rule that the employee has to get paid for 40 hours/week, no matter what, and of course get paid overtime for any time worked over 40 hours/week. Paying a monthly salary is pretty much always better for the employer, since he doesn't have to pay overtime, either.

Because of that, I personally would avoid working for such an employer. I don't want an incompetent employer, nor would I want an employer who wants to cheat on me....