Treating Employees as Both Exempt & Non-Exempt

System

We have a situation where we have a Salaried-Exempt employee who, because he is short in his department, occasionally has to work the floor in a position that is normally hourly (non-exempt). In reviewing the payroll records, our facility has set up a 2nd Pay Rate in which they are paid as an hourly employee.

Actually his most recent paycheck showed 80 hours (two week pay period) for his regular salary and an additional 5 hours paid at this 2nd rate (in essence causing us overtime).

My thought is that this Salaried Supervisor has a responsibility to step in the gap if he is short on the floor...it is a job responsibility and probably covered under 'other duties as assigned'. My opinion is that he should not be paid extra for working the shift because he is salaried AND it appears that we have created a situation that is in conflict with the Law; treating an employee as both Exempt and Non-Exempt.

Am I correct? Any help would be greatly appreciated. Thanks

Keys

Elizabetharess

I would first be sure that this ee passes the exempt test, if so then you do not need to pay him for excessive hours. But really make sure he fits that standard, if not you might need to change his status. You can always pay an exempt for special situations. I know of one company that pays comp at time and a half for their accountants for yearend work. I would say that it should be project specific such as the one I listed. For all other issues he shouldn't get the non-exempt time tracking pay. If he has listed it though, you would need to really make sure he falls under exempt status.
ERS

System

The position in question definately passes the Exempt status testing. Thank you for your response.

Keys

ritaanz

My first thought is "Where is this person's incentive to fill the position and have his department at full crew".

It is his responsibility to make certain that his department functions properly and efficiently. If that entails him to work on the floor to meet expectations, so be it. It goes with the territory.

ACU Frank

I would be concerned that you are putting his exempt status at risk by paying him an hourly rate for "extra" work.

ritaanz

That's another excellent point.

How about another can of worms. Another department, another manager gets wind of the perk this guy has. Now he wants the same treatment. Now what?

Dutch2

Ritaanz just beat me to the point I was about to make. Word like this spreads fast.
Maybe I am toooo old school, but when did exempt ee's get the idea they only have to work 40 hours a week. We had a few like that: thought they should get comp time for every minute that they work over 40 hours in a week. I believe we have them converted now. If they get their work done in 40 hours more power to them. If it sometimes takes more than 40 hours; so be it.

ritaanz

Ducky, did you say old school? Ahem! Remember the boss that told you there were 24 hours in a day, whatever it takes to get the job done.

Dutch2

Yep.... sure do. We had to be there an hour before the store opened and we had to stay unitl it was completely zoned and ready to open the next morning. Thank goodness for the ole blue law and we had to be closed on Sunday back then or we would have always been in the store and at work. Six twelve hour days in a row were fairly common place for all managment folks.

ritaanz

Who was it that said, "We've come a long way Baby" ?