Paying an hourly rate for an exempt employee

Frenchie

We have an employee who is off on Long Term Disability due to chemotherapy. He can continue to work intermittently during this treatment and not lose his LTD benefit. He would like to work 10-15 hours a week when he feels up to it. If I convert his salary to an hourly rate and just pay him for the hours he works will I run into problems with his exempt status?

Shadowfax

There is no problem paying an otherwise exempt qualified job as an hourly position. If, however, there are othjers performing this job who will remain exempt and paid accordingly, then you might want to consider the effect on all of the positions. If no one is working any o/t, then it may not matter. Maybe you just creat a new position, a part time as needed position, and handle it that way. Sounds to me as if you are trying to do the right thing. You probably should also consider the precedent you may be setting by letting someone work during LTD.

pork1

FRENCHIE: "will I run into problems with his exempt status?" The answer is "no". As long as you are paying the individual as an hourly worker who never gets 41+ hours a week or more you are ok! Should that ee work 41 + hours each of these hours over 40 must pay the O/T provisions of the law under the NON_EXEMPT provisions. Once the ee is released to return to full time duty, you can go back to salaried and an EXEMPT status.

Hope this eases your concern!

PORK