Part-Time Exempt EE

We have several PT EEs who have always been classified as non-exempt. However, I am thinking of reclassifying them as exempt as they meet the criteria. There is no minimum compensation issue - they are paid well above $455/week. Under this scenario, they would just be paid a salary (about half of what the FTE's receive). The other issue involved here is they do not work summers. Any concerns with this?
A similar issue is we have FTE's who are exempt and want to have "alternative" schedules (i.e., 4-9's and 1-4 or something similar to this). I have told managers until I'm blue in the face this isn't an option for exempt - once we develop alternative schedules for exempt we are, in fact, counting hours - which could put them into the non-exempt category. Since managers and EEs look at me like I'm an alien when I say this, I'm beginning to question my own knowledge. Am I right about this or have I gone off the deepend? Thanks.

Comments

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  • Having your PT exempt staff not working summers is ok as long as the employee does not work any part of their normal work week. Pay them a salary for 9 mos working and let them stay away for the summer w/o pay (cuz they're not working).

    2ndly: I don't see any issues with permitting your exempt staff to work "alternative" schedules. From your perspective, it doesn't matter what/when they actually work as long as they get the job done. The more important issue is probably whether the employer can operate with this type of scheduling...........if so, then you s/b able to proceed. Believing that your tracking of alternative hours will constitute N/E status is not an issue. FLSA does not permit knowing when your employees are working------the prohibition is reducing their salary when they are not.
  • And from another pespective, the part-timers do not have to be paid as exempts just because they may meet the definition. It is Ok to pay them by the hour if it works easier for everyone. As part-timers, OT pay should not be an issue.

    Down-the-Middle (is that golfing or a political viewpoint?), has given good input.

    And welcome to the forum Domer. My wife is from Fargo.
  • Thanks for your input and your "welcome". I have lived in Fargo for 5 years now - it's an awesome place to raise two little kids! (Although I miss the urban life somewhat). My concern with the PT EEs is not OT but a failure on the EEs part to document actual hours worked - if they are exempt there would be no issue and no concern regarding the wage liability.
  • As they say in Fargo, "There you go!"
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