Exempt Manager Request 2nd Position

Kathy in Alabama

Hello! An exempt manager has requested to work a second position within our company. The second position will be worked on evenings and weekends, and the duties are clearly different than those of his current position. The second position is not exempt from overtime. He is a great employee and we'd like to accomodate him, but we're concerned due to his exempt status. We've thought about paying the second position on a bonus or other flat rate basis, or maybe increasing the salary amount of the primary position and including the additional duties in his job description. Any advice on how to best handle this would be greatly appreciated! Kathy

Al Vreeland

As long as the employee's primary duty is exempt management/administrative
or professional duties the employee can remain exempt. If the primary job
is totally supervision and he works 40 hours in that position as long as the
employee doesn't work more than 40 hours in the non-exempt position the
employee would remain exempt. The new regulations also state the payment of
additional wages above the regular salary will not defeat the "salary basis"
test.

pork1

I highly recommend you follow your gut and pay the ee either on a flat rate basis for additional work product accomplished, or add the additional duties and increase his salary. The first option is best for the company. In this case the ee will produce a physical "widget" in his EXEMPT life he produces decisions and manages ideas and systems. The two do not mix in the eyes of the wage and hour folks. If it can not be done cleanly then don't allow it at all.

PORK

bsa

I think this subject has been discussed in the past and I got the impression that if the exempt manager/second position non-exempt ee worked more than 40 hours, then OT would be due. I seem to remember that the consensus was to pay a "bonus" for the extra work instead of trying to track hours to overtime hours.

Kathy in Alabama

Thank you very much for your responses!