Exempt Employee wants part-time shift work

KCHR · April 2006

We have an exempt employee asking if she can pick up shift work that is hourly and different than her normal duties on the weekends. Would this work have to be paid at overtime rates?

LarryC · April 2006

Assuming that the shift work being performed is nonexempt work, she does not qualify for exempt status if over 20% of her work in a workweek is nenexempt.

KCHR · April 2006

Talking about maybe one 8 hour shift at the most.

Sue2 · April 2006

We have a similiar situation. We are a utility and are changing out some large water meters. This process will take about six months. The Chief of Engineering has approached with with a request from a Construction Supervisor who would like to work on Saturdays and help with the project IF he can get paid overtime. My concern is changing him to non-exempt for this period of time when we have other exempt Construction Supervisors. Comments?

HRinGA · April 2006

I had this exact same issue come up this morning. Exempt sales professional wants to work the weekends for a different department, hourly position, 10 hrs tops.
Can we do this? How would we pay him for this?

Sue2 · April 2006

HR in GA,
I had an HR Manager tell me this morning that she would arrange a set hourly wage for Saurday work separate from the employee's normal salary. He could then be paid his exempt wage for his supervisory duties on M-F and paid a different wage for his non exempt position on Saturday. Somehow, I can't get comfortable with that. Anyone else want to give HR and I some advice...

KCHR · April 2006

Sue2, I am equally uncomfortable with this, and it appears the others responders are as well. Hopefully someone can shed some light on this soon! (hint, hint, moderators).x:D

Kendall L. Waldock, Jr., J.D., CSP
Diversified Professional Staffing
w: (888) 350-2001, c: (816) 918-7334
Placing Profesionals for over 30 years!

LarryC · April 2006

Hopefully this will cover all the questions here:

1. A person can work two different jobs at two different rates. If the combined time goes over 40 hours in a workweek (workweek is a seven day period defined by the employer) then overtime must be paid for nonexempt employees. The rate of overtime can either be on the wage that the employee was working when he/she worked the overtime or it can be the other rate. This must be agreed upon before hand by the employer and the employee.

2. See my first post for distinguishing between exempt and nonexempt for the cases brought into question here.