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is it legal to pay flat rate

by Kaitlyn Veum DVM Published 2 years ago Updated 2 years ago
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Employees can be paid a flat hourly rate. However, you must make sure a flat rate satisfies an employee’s minimum entitlements. It can be difficult to determine how to legally pay a flat rate.

A flat rate employee gets a predetermined percentage of each flat rate job they complete. While the flat rate system is relatively non-traditional, these employees are still workers
workers
A worker is a person who works. This usually means a person who does manual labour, like manufacturing goods.
https://simple.wikipedia.org › wiki › Worker
who are protected by labor laws
, like any other non-exempt employee.

Full Answer

Do you have to pay employees a flat rate?

Paying employees a flat rate can seem appealing. However, you must pay employees for all of the hours they work. The rate of pay is dependent on a number of factors including: the national minimum wage; the applicable modern awards; and. registered agreements.

Who can charge a flat rate?

Tradespeople: Tradespeople such as plumbers mechanics and electricians also charge flat rates for their services. They have an average charge per hour or per day, regardless of the quantity or quality of the work output in the set time. Television: Many TV services charge a flat monthly amount for a bundle or channel.

What is flat rate billing and how does it work?

The benefit of flat rate billing for clients is that they know the amount that they have to pay for the project beforehand so there is little room for dispute. What Is an Hourly Fee? Hourly rate is the price that your charge per hour for a project.

What is the difference between a flat rate and hourly rate?

Although a flat rate may seem like a more cost-effective option, your flat rate needs to include all penalties and entitlements. You will also need to pay the applicable superannuation entitlements in addition to the hourly rate. A flat hourly rate needs to pass the BOOT, and is usually included in a registered or enterprise agreement.

Why do you pay flat rate?

What happens if you don't pay your employees for hours they work?

What is flat hourly rate?

What is FWO in payroll?

What does FWC mean?

What to do if flat rate is rejected?

How long is a registered enterprise agreement good for?

See 4 more

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Is flat rate legal in Australia?

The Fair Work Commission (FWC) must approve such agreements before you can implement them. To be approved to pay employees a flat rate, you need to pass the better off overall test (BOOT). The BOOT determines whether employees are better off under the new agreement than they would be under the relevant award.

What does paying a flat rate mean?

For flat rate pay, you're paid a set price for the job done. In contrast, hourly rate pay is based on the amount of time you work which means you're paid a set amount for each hour of work.

Is flat rate better than hourly?

A flat rate has more income potential But if you asked for a $50/hour rate, you will need to work at least double that time to make the same amount – you won't lose money, but you lost 2 hours. No matter how hard and efficiently you get things done, an hourly rate caps your earnings for a time period.

How does flat rate time work?

Flat rate pay is payment based on each job that's completed. An employer or manufacturer estimates the amount of time a job should take. The employer pays the technician a predetermined amount for that job, based on the expected time.

What is the advantages of a flat rate?

The greatest benefits of flat rate pricing are its simplicity and predictability. A flat rate pricing plan is easy to communicate and, therefore, is easy to sell. If your ideal customer values simplicity or needs a straightforward solution for a straightforward problem, flat rate pricing might work well for you.

How much should I charge per hour?

Calculate Your Hourly Rate Business schools teach a standard formula for determining an hourly rate: Add up your labor and overhead costs, add the profit you want to earn, then divide the total by your hours worked. This is the minimum you must charge to pay your expenses, pay yourself a salary, and earn a profit.

Does a flat rate include tax?

Typically, a flat tax applies the same tax rate to all taxpayers with no deductions or exemptions allowed, but some politicians have proposed flat tax systems that keep certain deductions in place. Most flat tax systems or proposals do not tax income from dividends, distributions, capital gains, or other investments.

What is a flat rate example?

For example, let's say you're a freelance graphic designer and charge a flat rate of $400 for a logo design. Regardless of whether it takes you one hour or 20 to complete, or if a customer asks for multiple revisions, you will take home $400.

What is another word for flat rate?

What is another word for flat rate?fixed feefixed rateflat feelinear rate

What is a flat rate increase?

For hourly wage earners, a flat-rate increase is an increase in the amount per hour you pay the employee. For workers that receive a regular salary, a flat-rate increase may involve a monthly increase or an annual increase; whichever you use routinely for your employee's salary records.

What is a flat rate manual?

Flat rate manual is a listing of almost every job that can be done on a vehicle with the time required for a mechanic to do the work. It is used in service shops to determine labor charges. If a mechanic completes the job before the flat rate time, the customer is still charged the flat rate time.

How do hourly rates work?

Your hourly rate is the amount of money you earn for each hour you spend working. As an hourly employee, you should get paid for all of the hours that you work. If an employer wants more of your time, they'll have to pay you more. For example, if you work 25 hours and 30 minutes, you'll get paid for 25.5 hours.

What is the difference between fixed rate and flat rate?

In general terms, a fixed rate is an interest rate that applies to a loan, while a flat rate is a method of payment that someone charges. The two terms apply in different situations, with a fixed rate referring specifically to interest rates, and a flat rate referring to the way someone charges for a service.

What is another word for flat rate?

What is another word for flat rate?fixed feefixed rateflat feelinear rate

How is flat rate calculated?

A flat interest rate is calculated on the full loan amount throughout its tenure. It does not take into account that the principal amount is gradually reduced by the monthly EMIs. Rs 100,000 (principal) * 10% (flat rate of interest) * 5 (no. of years) / 60 (no.

How is the flat rate pay method calculated?

A flat rate is calculated by multiplying numbers of hourly rates with the hours it takes to complete. It is easy to create an estimation because the price is fixed. For a project with limited resources, charging flat rate pay will make the payment process easier.

Beware of Paying Employees a Fixed Daily Rate

The restaurant industry is often the target of wage and hour lawsuits, particularly, ethnic restaurants, which find themselves on the defense side of a wage claim or lawsuit filed by a server or cook who was recently terminated. For ease of administration, many smaller restaurant owners and their staff agree on wages in the form of a fixed daily rate that is paid regardless of the number of ...

Pros & Cons of Flat Rates of Pay - Employment Innovations

Flat rates of pay are common in the building, civil and mining industries, often for reasons of simplicity in assessing costs and transparency for the workforce.If you are considering utilising flat rates for your business it is important to know how these need to be calculated and addressed in contracts and what impact they may have on labour costs.

Flat Rate vs Hourly Rate: What Should You Choose? - FreshBooks

To calculate the flat rate, you can calculate the number of hours a project will take to complete and multiply it with your hourly rate. In other cases, there’s a set pricing for specific jobs and value of the project may be considerably more than the estimated hours needed to complete it.

What does Mary Kemnitz mean by "struggling"?

“Gasping” and “struggling” were the terms Mary Kemnitz used to describe it. As the immediate past president of the Automotive Service Councils of California, Kemnitz has watched as shops have struggled to realign with new standards for employee pay in her state.

What is the difference between the FLSA and the minimum wage?

The difference, King explains, is that federal law permits employers to meet minimum wage requirements by averaging an employee’s flat-rate pay across his or her total hours ...

What is the Gonzalez v. Downtown LA Motors case?

The court’s decision was premised on statutory and case law unique to California that does not exist in other states; most others follow the Fair Labor Standards Act (FLSA).

What is the 2013 interpretation of flat rate pay?

In the simplest sense, the 2013 interpretation banned traditional flat-rate pay systems in the state. It forced many shops to completely overhaul their pay structures; others to re-evaluate the number of technicians they employ. And it has left employers susceptible to litigation, similar to that filed against Caliber, if their plans don’t mesh with the new restrictions.

Is the Caliber Collision lawsuit still unresolved?

The suit, filed Feb. 17 in Los Angeles, is still unresolved. The defendant, Caliber Collision, which has 279 shops in 13 states, did not respond to a request for comment. The suit grabbed headlines, but Kemnitz and others say it’s simply the most glaring—and recent—example of California repair shops, particularly mechanical and service ones, ...

Is flat rate the future?

Traditional flat rate, regardless of state or federal laws, is not the future of managing a productive staff, Kemnitz says, and shops need to find new ways to motivate and properly compensate employees.

Who is Dan Gilley?

Industry consultant Dan Gilley of RLO Training started out as a technician, and he’s not shy about how much he enjoyed working on a production-based pay scale.

Why do employers offer flat rate pay?

Employers may offer flat-rate pay as an incentive pay plan used for boosting technician productivity and thereby reducing staffing levels and overall labor costs. With budgets tight, the topic is getting renewed interest in the public sector. A flat rate system sets time standards for common tasks.

What is flat rate pay?

Flat-Rate Pay Law and Legal Definition. Flat-rate pay compensates each employee of in certain job with the same rate of pay, regardless of performance or seniority. Flat-rate pay may also be considered piece work pay, for instance, when an auto mechanic is paid a set sum by the manufacturer for a warranty repair job.

What is Carson v Knight?

In this case, Plaintiffs brought a class action against its employer alleging that under the terms of the employment contract drivers were only paid for driving, and required to perform pre and post non driving work without pay. At the heart of the dispute was the issue whether the flat fee arrangement included compensation for non-driving hours. The employer contended that Plaintiffs were all told that their pay for all work, driving and non-driving, was the amount calculated by the per-mile rate, and that they accepted this contract offer by driving and being repeatedly paid on that basis. The court sided with the employer and held that “ [s]o long as a driver is paid an amount of at least minimum wage for all hours worked there was no apparent violation of wage and hour laws in having a flat fee arrangement (assuming, of course, no contrary agreement).

Why is the $100 flat fee illegal?

Under this scenario the $100 flat fee is “illegal” because it fails to pay minimum wage for all hours worked. Even though Driver Smith actually worked only 9 hours and three hours were “waiting” time, the employer must pay for all 12 hours (at least $122.88), since this time was spent for the benefit of the employer and his business.

What is the minimum wage in California?

California and federal law require employers to pay its workers at least minimum wage. A minimum wage rate under the Federal Labor Standard Act is $7.25 per hour and under California Labor Code is $8. The minimum wage problem usually arises when flat fee compensation is not sufficient to cover all hours worked at a minimum wage rate.

What is split shift premium?

When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday Wage-Order No. 9-2001, §4 (c). This additional hour of pay is also known as split-shift premium. What about the drivers who earn more than minimum wage per day, are they entitled to a split-shift premium.

Is flat fee compensation legal in California?

While both types of payments are legal under California and Federal wage-and-hour laws, employers must be particularly careful when drivers are paid on a flat fee basis (or “piece rate”). The following are some of the common issues that arise during wage-and-hour litigation in the context of flat fee compensation arrangements.

How long does it take for Driver Smith to pick up passengers?

When the passengers are transported to their intended destination Driver Smith has about three hours of “down time” (or waiting time) before he starts his next route.

Is California's minimum wage harsh?

California minimum wage law is harsh and provides for statutory liquidated penalties to aggrieved employees in the amount equivalent to unpaid wages. Liquidated damages, coupled with the extremely high cost of litigation, should convince any employer to comply with minimum wage laws.

How many hours does a mechanic work?

By way of example, assume that a mechanic works 8 hours a day. In the first six hours, the mechanic flags 7 hours, but the dealer runs out of work in the last two hours. Further assume the dealer requires the mechanic to provide his or her own hand tools and is, therefore, required to pay twice the minimum wage under the Wage Order, ...

What is a dealer's flag rate?

Most, if not all, dealers perform repairs and maintain their customer’s cars either through some manufacturer warranty system or through customer direct pay. These dealers pay their mechanics on a flat rate system (also known as “flag” system). A flag rate is simply a pre-designated amount of time that a repair should normally take ...

How many hours do mechanics have to work to get paid in California?

California law, the Court held, requires that every hour worked be compensated at least at the minimum wage rate, which means that the two hours when the mechanic is not doing repairs should be compensated at least at the minimum wage rate, irrespective of the fact that the average rate is above the required rate.

What is flag rate?

A flag rate is simply a pre-designated amount of time that a repair should normally take when performed under normal circumstances. To determine pay for any repair, the flag time is multiplied by a pay rate. An essential part of the system is that the same amount of time is flagged no matter how much time it actually took ...

Does Armenta have a piece rate system?

While Armenta did not deal with a piece rate system, courts have not had trouble extending it to such pay systems. In recent cases, Armenta has been extended to the dealers’ flat rate system. Ontiveros v. Zamora (2009) 2009 WL 425962 ( unreported case ).

Will Armenta be followed?

A definitive answer as to whether Armenta will be followed, distinguished or rejected in this context will take time, as most appeals do. However, it behooves dealers to take steps now to manage this risk by analyzing their pay systems and exploring ways to mitigate the risks by implementing appropriate steps to reduce any potential exposure.

Is an employer-dealer in compliance with California law?

In this example, the employer-dealer is in compliance because it is paying above the required rate. Under California law, however, the answer is no. A relatively recent California appellate court case held that employers must pay at least minimum wage for every hour worked. Armenta v.

Brad S Kane

As of January 1, 2013, fixed wage arrangements for non-exempt hourly employees were outlawed. Thus, if you are non-exempt you are entitled for overtime for all time worked over 8 hours in a day or 40 hours in a week.

Christopher Alexander Olsen

Here's what I recently did in a similar case. My client was paid $200 per shift (a shift lasted a whole day). Thus, I multiplied his daily (shift) amount x 5 days to get a weekly rate of $1000. We then divided his weekly rate by 40 to determine his hourly rate of $25 (1000/40).

Patrick John Phillips

Non-exempt employees are entitled to overtime for all hours worked in excess of 8 in a single workday, all hours worked in excess of 40 in a single work week, and any hours worked on the 7th consecutive day of work in a work week. No law prohibits employers from paying employees a flat daily rate, provided the...

Sagar P. Parikh

Depends on what type of employee you are, whether you are exempt/non-exempt, etc. A full consultation would be necessary to properly advise you.

Daniel Michael Holzman

You should be paid for each hour your worked if you an hourly employee. So if you worked more than 8 hours per day or 40 hours per week you should be paid time and a half. If you worked more than 12 hours in a day you should be paid double time...

Why do we have flat rate mechanics?

With a list of vehicle repairs to be made, it made sense to bring in a flat rate to encourage workers to complete jobs quicker. If a basic vehicle service costs $200, and the pay rate per job is set at a specific amount, the auto technician or mechanic will be paid a precalculated flat rate according to work done.

What are the pros and cons of flat rate pay?

Flat Rate: Pros and Cons. Some pros of the flat-rate pay system include: Predictability: Knowing that the service writer creates set pay rates for auto repair jobs under warranty, vehicle services, and other auto repair jobs means that both parties can rely on the predictability of the pay system.

What is the difference between flat rate and hourly rate?

However, this may also affect quality, as workers may cut corners since the amount of time needed to complete work determines their income. On the other hand, "hourly rate pay," or minimum wage, means that workers are paid by the hour, regardless of their productivity.

Why do auto repair shops prefer flat rate?

Dealers, like Toyota dealerships, favor the flat-rate pay system because it tends to promote productivity and increase mechanics’ wages, but this can also cause burnout. As a result, some auto repair shop owners may favor the hourly pay rate, with workers receiving a base salary.

Why do auto shops use flat rate?

Auto shop businesses tend to prefer the flat rate system over the hourly rate because it promotes increased profits. With flat-rate pay, shop owners can charge for a portion of an hour, which doesn’t happen with the hourly rate.

How does a flat rate pay system simplify bookkeeping?

Simplified bookkeeping: A flat rate pay system simplifies job transactions , allowing the bookkeeper to quickly capture job descriptions and amounts on the invoice. Another way to simplify the invoicing process is by utilizing Skynova’s free invoice template, which allows users to create professional invoices in a matter of minutes — completely online.

What is an OEM in Skynova?

Original equipment manufacturer (OEM) parts will form part of what the customer pays in addition to labor costs, which can be billed as a separate item on Skynova’s free invoice template. Flat rate shops can choose "Product" under the "Item" drop-down menu and describe the OEM in the "Description" section. Warranty repairs can also be itemized and described on the invoice to provide customers with a detailed breakdown of the work provided. After customer invoicing has been taken care of, the service manager will calculate a percentage of the job completed, which will be paid to the flat rate worker.

What is a flat rate?

A flat rate is a pricing structure charging a fixed fee for a specific service. It does not vary regardless of the situation, time or place. For example, a subscription model offering the clients a set price per year or month for full access. No matter the number of times a subscribed client visits the site or uses the service, the charges remain the same.

What is flat rate pricing?

A flat rate is one of the simplest and profitable pricing structures . It requires you as the service provider to generate the standard price for all the services you offer. The faster you work, the more profits you make. This is because you will take less time on a specific task and pick another one. The fastest employee completes the most tasks, ending up with the highest profits. In this article, we review what is a flat rate, the benefits of offering it and how to set one for yourself.

What is flat rate system?

Unexpected difficulties: In a flat-rate system, any obstacle that comes in the line of productivity reduces the income generated. Time is a factor in this system and anything taking longer means less job to be done. For example, a contractor may take a job at a flat rate based on how difficult the job seems to be. The job might be more difficult than expected, and the flat could not count for every hour passed on that project. A flat rate may not be the best system to use in complex tasks or those likely affected by unforeseen problems.

What is the potential for larger profit?

Potential for larger profit: Provided service providers work efficiently and quickly, they can usually earn more in a flat rate system than in hourly rates.

How to figure out the price of a product?

Sum up all the direct and indirect costs for the production or the offering of the services to ensure the price you set covers all of your costs. After adding all the costs, divide by the volume of the product to come up with a price.

Why do we need to update service rates?

Requiring frequent updates: The cost of parts, raw materials and the salaries of your employees may increase and necessitate the need to update service rates.

Is flat rate system more popular?

The flat rate system is becoming more popular for many tasks in the current days, usually the home services. Customers are referring to it as they already know how they need to pay them for a service, and they can easily tell whether it's worth the cost. A flat rate can also present some advantages and disadvantages to the service provider as follows.

What is flat rate pay?

A flat rate pay is when you charge the client a set price for the scope of work that is completed regardless of the number of works required to complete the project. Flat rates are ideal for projects that have finite deliverables, include the time that’s difficult to estimate and have a narrow and well-defined scope of work.

How to calculate flat rate?

To calculate the flat rate, you can calculate the number of hours a project will take to complete and multiply it with your hourly rate. In other cases, there’s a set pricing for specific jobs and value of the project may be considerably more than the estimated hours needed to complete it. The prices of projects can also be set on perceived value.

Why do freelancers pay flat rates?

Flat rate or project rates reward freelancers who are efficient and complete the work on time, If you’re quick and finish tasks faster than you estimated , the time you save means more profits for you. Flat rates are easier for the clients to understand as the clients know up front exactly what they have to pay for.

What is the difference between flat rate and hourly rate?

The difference between a flat rate pay and an hourly rate pay is how you bill the client. For flat rate pay, you’re paid a set price for the job done. In contrast, hourly rate pay is based on the amount of time you work which means you’re paid a set amount for each hour of work.

How to bill clients by the hour?

To bill clients by the hour, you need to track the number of hours you’ve spent working for the client and bill at the end of the project or an agreed upon cycle. Charging clients an hourly fee is effective for long-term projects which are prone to changes. It also works best when you work for the client in-house.

What is the benefit of flat rate billing?

The benefit of flat rate billing for clients is that they know the amount that they have to pay for the project beforehand so there is little room for dispute.

Why do we use flat rates?

This means you can set the prices based on the scope of work and accommodate the client’s budget for specific projects

What is piece rate in AB 1513?

AB 1513 also requires piece-rate employers to pay employees for other non-productive hours. This includes all non-productive “time under the employer’s control,” excluding rest and recover periods, as well as time spent working on piece-rate projects. Non-productive time must be compensated at a minimum hourly wage or higher.

What is AB 1513?

Employers should also know that AB 1513 contains a safe harbor for employers who may have under compensated piece rate workers in the past. Specifically, the statute provides an affirmative defense for employers, which should theoretically immunize them from liability. But to qualify an employer must do the following:

What do employers need to know about paying piece rate?

What Employers Need to Know About Paying Piece Rate. Under both state and federal law, employers must pay at least minimum wage to employees. But one option has always been to pay a piece rate—i.e., to pay employees on a per unit basis for every project completed. For example, an employer might choose to pay mechanics based on a set rate ...

How to calculate overtime rate?

Then the rate of overtime pay is determined by multiplying the overtime hours by .5 percent of the base pay.

How much is piece rate hourly?

For example, assume a piece rate employee works 50 hours and earns a total of $750 in piece rate wages over the course of the week. The base hourly pay is $15 ($750 / 50 Hrs = $15 per hour). Since the employee worked 10 hours of overtime, the employer must pay an additional $75 in overtime pay ($15 [base pay] x .5 [overtime rate] x 10 hours = $75).

How long do you have to rest in California?

Rest and Recovery Periods. Rest periods are required by the statute in California. Employers must allow 10 minutes net rest time for every four hours of work. And recovery time is a cool down period afforded to an employee to prevent heat illness.

What do I need to do to continue paying piece rate?

What do I need to do? For employers who wish to continue paying piece-rate, you will need to segregate non-piece-rate hours into two categories for pay roll purposes: (1) rest and recovery, and (2) other non-productive hours. Each must be compensated, in addition to whatever salary is earned through piece-rate.

Why do you pay flat rate?

Reasons for Wanting to Pay Employees a Flat Rate. First, it is important to consider why you want to pay employees a flat rate. Different employment instruments set out penalty rates for overtime, weekends and public holidays, as well as allowances and loading. Higher overall flat rates may encourage some employees to seek longer-term engagement ...

What happens if you don't pay your employees for hours they work?

However, if you are not adequately compensating your employees for the hours they work, you could face penalties from the FWO. As the minimum wage and modern award rates change, your business needs to be aware of all minimum entitlements and consistently ensure the flat rate of pay compensates for all allowances and penalties.

What is flat hourly rate?

A flat hourly rate needs to pass the BOOT, and is usually included in a registered or enterprise agreement. The costs of entering into these agreements are significant. There are a number of stages to implement an enterprise agreement rate, including: bargaining and negotiation; drafting the proposed agreement;

What is FWO in payroll?

The Fair Work Ombudsman (FWO) closely monitors employee rates to ensure you are paying your employees’ minimum entitlements. A flat rate of pay may be easier from a payroll and accounting perspective, especially if there are a large number of employees covered. However, there are a number of important considerations when determining ...

What does FWC mean?

The Fair Work Commission (FWC) must approve such agreements before you can implement them. To be approved to pay employees a flat rate, you need to pass the better off overall test (BOOT). The BOOT determines whether employees are better off under the new agreement than they would be under the relevant award.

What to do if flat rate is rejected?

If they reject your offer, you may be in breach of their employment agreements, modern awards and the national employment standards if you implement a flat rate anyway.

How long is a registered enterprise agreement good for?

A registered or enterprise agreement may be in place for up to four years. As a business, you need to consider whether this is the most appropriate employment structure. Although the agreement remains in force for a number of years, your flat rate may continue to fluctuate depending on changes to the modern award and the minimum wage each year. ...

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1.Can I Pay Employees a Flat Rate? | Employment

Url:https://legalvision.com.au/pay-employees-a-flat-rate/

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2.Flat-Rate Pay Law and Legal Definition | USLegal, Inc.

Url:https://definitions.uslegal.com/f/flat-rate-pay/

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3.Is it legal to pay California drivers a flat rate pay?

Url:https://callaborlawblog.com/common-california-labor-code-violations/legal-pay-california-drivers-flat-rate-pay/

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4.Wage and Hour Law Threats to the Flat Rate System

Url:https://www.landeggeresq.com/wage-and-hour-law-threats-to-the-flat-rate-system/

9 hours ago Essentially, the flat rate constitutes payment per job as opposed to paying per hour. Auto shop businesses tend to prefer the flat rate system over the hourly rate because it promotes …

5.Paid flat rate per shift even if I work more than 8 …

Url:https://www.avvo.com/legal-answers/paid-flat-rate-per-shift-even-if-i-work-more-than--1438278.html

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6.Flat Rate vs. Hourly Pay Explained - Skynova.com

Url:https://www.skynova.com/learn/invoicing/flat-rate-pay

14 hours ago  · A flat rate pay is when you charge the client a set price for the scope of work that is completed regardless of the number of works required to complete the project. Flat rates are …

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Url:https://www.indeed.com/career-advice/pay-salary/what-is-a-flat-rate

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Url:https://www.freshbooks.com/hub/invoicing/flat-rate-vs-hourly

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