Overtime Clarification
Crout
1,238 Posts
I suspect I know the answer, but I wanted to get some opinions. Here's the situation: I have a FT non-exempt EE who is transferring to a FT exempt position. His old supervisor would like to retain him as On-Call worker to pick up some hours here and there as needed at his old job. The question is: if he goes over 40 by working 10 hours (for example) at the old, non-exempt job would he get overtime, even though the first 40 hours in that week were worked in a position that is exempt? As usual, thank you kindly.
Comments
We tend to always think the constabulary is watching from above and is about to descend.
I suspect, however, the supervisor is not interested in getting someone else trained to accomplish the non-exempt work accomplished by this specific person! He wants his "HAM" and to also eat it all.
PORK
PORK
Maintaining Exempt Status -- To maintain the exempt status while performing non-exempt work, an employer must perform an analysis of the exempt position to determine the following: (1) under what classification is the exemption claimed; (2) combine both the exempt and non-exempt work together, then determine the percentage of duties to be exempt and those to be nonexempt in the given work week. For example, exempt employee generally works a 40-hour work week and wants to take on 20 hours in mfg operations (non-exempt). Employee works a total of 60 hours in a given work week. It is determined 25 hours (41 percent) is spent in non-exempt duty with the remaining 35 hours (or 59 percent) in exempt work. According to the DOL, the exempt employee status would "probably be okay." However, were the percentages to be closer together, 50/50, then the employee would be in jeopardy of losing his/her exempt status.
Wage Arrangement for Non-exempt Work -- My understanding is that the company can pay whatever it wants to the employee for performing the mfg ops (non-exempt) work so long as it is agreed to by the parties prior to starting the part-time work. Also, there is no overtime consideration for work performed in excess of 40 hours.