Working 2 jobs and OT Eligibility

mets

Is there any exception to FLSA and overtime eligibility with regards to a full-time worker working another part-time job in another capacity and department for the same employer, a NYS county government? We have full-time employees working temporary part-time as ushers, custodial etc. and receiving hourly rates much less than their FT rate. Are we in violation of the FLSA by not compensating them for overtime for working over 40 combined hours in both jobs?
Thanks- Tom

Theresa Gegen TX

I don't know of any exception, so you would probably have to pay them overtime. However to calculate the hourly rate will be a bit more complicated. The rate will be based on a weighted average of the two hourly rates.

You may find that it is too expensive to have these employees do the lower rate work, and the county would be better off hiring part time help.

Good Luck!

mets

Thanks, Theresa- this has been a long-standing practice here- working another part-time job. I am new and realize that at least in the private sector same employer/ common ownership was the the determining factor.

mets

Does anyone else have any comments regarding this? It is a bit of a sticky situation here. Keep in mind we are a public sector employer, which I don't bekieve makes a difference however.
Thanks again!

bsa

I agree that these workers should be paid overtime. I've never had to average overtime rates, so I don't have a good grasp of the process. I think the forum has discussed the appropriate methods in the past.

As another thought, I see you are a county government agency.... can't you grant comp time as an alternative to paying overtime?