Exempt in Two Positions

sambu

We have an exempt vacant position whereby the exempt supervisor thinks she can do the job without having to hire a replacement, for an additional 15-20 hours per week (in addition to a 37 1/2 hour work week). Is this permissible under the FLSA? Any thoughts on reclassifying this position to a full-time AND part-time position? I'm just not sure how to proceed with this request. Thank you.

Down_the_Middle

This supervisor is suggesting that he/she can work an addt'l 15-20 hrs/wk and therefore avoid hiring anyone???? Perhaps...... I don't see an FLSA infraction based on what you've stated and it might make more sense to let the suprv pick-up addt'l duties and then see what remains to be delegated to a N/E staff person. You'll need to compare the compensable factors of the primary exempt job to the "addt'l duties" to determine if more $'s are required, but it may be a viable option. If this doesn't work, you may have to re-eval the "addt'l duties" to ensure that they are really exempt in terms of independent thinking, etc... and the minimum salary earnings test.

Don D

You have an exempt employee suggesting that she is willing and able to increase her workweek by 53.33% and you don't see an end-run for a pay increase around the corner? I can imagine that I might suggest that for a week, two at most. I agree that a full analysis of the vacancy is due. Give the supervisor your job description evaluation paperwork and have her fully outline the duties and responsibilities of the position and test that against the FLSA standards. It might reveal either that the position is non-exempt, is not full time, or does not really even exist accept as an extension of her own job.