Salaried manager working second hourly job

CSummers

I have a salaried manager who wants to work some extra hours on the week-end in a non-exempt job. Do I have to pay him overtime, and if so, how do I calculate what rate to pay?

Rockie

In my humble opinion, this is not a good idea to mix exempt and non-exempt hours. Number One - you are not paying an exempt person by the hour, so this would not enter into the overtime equation. Two, you would be paying by the hour solely on the non-exempt hours. What happens when he claims his hours for his exempt and non-exempt hours overlap? Just better not to do this.

When I worked in a hospital, we often had individuals such as nurse managers wanting to work as a floor nurse on the weekends. This was not allowed as it was difficult to make the break between being a manager and purely a floor nurse. We were advised this could jeopardize the entire exempt status of the employee and cause the hospital to have to pay overtime on all hours worked.

I'd just stay away from this potential problem if I were you.

WOCO Frank

> Number One - you are not paying an exempt person by
> the hour, so this would not enter into the overtime equation.

Better check on this. Whether they are paid by the hour or not, IF there is any requirement or "expectation" that they work a certain number of hours for their salaries, then those hours become a base for any secondary job, I believe.

NCBANKER

I'll answer your question with an example:

Many, many years ago I was the District Manager of a large retail clothing store, that had many divisions.

Because we offered such a liberal clothing discount, and all of our divisions had very different styles of clothing, we occasionally had a full time employee that wanted to work part-time at a store in the other division for the discount.

We could not allow them to do that, because even though it was a different division, the payroll was under the same corporate umbrella, and we would have to pay them overtime.

Your exempt manager cannot mix exempt and non-exempt work and expect to be paid overtime. Regardless of his or her doing additional work, he is "catagorized" as an exempt ee, and not eligible for overtime.

He or She needs to find another part-time job with another company, of course, that doesn't create a conflict of interest with yours.

WOCO Frank

>> Your exempt manager cannot mix exempt and non-exempt work and expect to be paid overtime. Regardless of his or her doing additional work, he is "catagorized" as an exempt ee, and not eligible for overtime.


Absolutely incorrect.

sanua

One of our VP's has wanted to have an exempt manager work some extra hours on the weekends and nights and pay them an "hourly" rate, also. She used to work for a hospital and states that this was done all the time without a problem. I've counseled (as previous replies have stated) that it could create a problem and we have not actually implemented it. However, she keeps mentioning it. Does anyone out there have a policy where this is accepted? I would think the worst case scenario would be if the "exempt" job was found to be misclassified and it was actually "non-exempt" and then you'd have to go back and pay OT for any hours worked over 40 per week in either job. I just think it gets too "gray", especially when the jobs we're looking are Patient Care Managers and RN's. However, our attorney has advised that we can pay bonuses to exempt staff for taking on an extra project or working extra as long as we don't tie it to an hourly rate without risking their exempt status.

Gracie

We do have a similar situation, and we are paying the manager who is working in the same department overtime for all Saturdays when he works. He is exempt and salaried other weekdays he works. Can someone advise on this one from a legal standpoint? We have branches in VA, MD, DC.

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 10-02-03 AT 01:58PM (CST)[/font][p]If his Saturday rate is a function of his salaried rate divided by 40, then I think you are in danger of destroying the exemption. I jjust remembered there is a specific exception in the regs to do this in the case of municipal employees, so long as thetwo jobs have different duties. That being the case, I think the whole concept is not doable under the FLSA.