Non-Exempt Wants Special Project

Please forgive me in advance for asking a question that might be similar to previous inquiries.

I have a non-exempt employee who would like the opportunity to take on a temporary-in-nature special project that would require work outside of her regularly schedule 40-hour workweek. In the past these types of projects have been awarded to exempt employees who were paid in a lump-sum fee arrangement for taking on the short-term special project in addition to their normal work. I vaguely remember (I thought) hearing some lawyer, in some training, and in answer to someone else’s question, state that as long as the duties of the positions are clearly separate and distinct, a single employee could be concurrently both a non-exempt during the day and then take on a clearly exempt position on a temporary basis in the evenings/weekends to pick up additional income without jeopardizing his/her daytime exempt status. My vague recollection is being met with skepticism and some good-natured ridicule here at work. Anyone care to weigh in on the issue.

Comments

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  • I'd think the easy way out would be to do a comparison - how does the exempt lump sum fee compare to an estimate of what the employee's hourly wages would be for that time (with OT)? If it comes out close, just pay for hours worked. If the ee comes up short, consider a bonus for the difference. If it comes up long, maybe your sum isn't enough.
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