classification

obsan · November 2003

I tink I know what I'm going to do but want to get some input. I'm trying to figure out how to classify this person, here are the vital stats:
We hired a CFO part-time, hours very from 20-39 hours per week. The person is classified as a part-time regular employee and does not qualify for most of our benefits; however, the duties this person accomplishes would classify them as exempt. Would you classify as exempt or nonexempt and why? Thanks

Second question - If our organization sponsored a community function on a Saturday (regular work schedule is M-F) and some of our non-exempts volunteered for this function, do we have to pay them. The work they did and the function was not the same work as at the company, and they were strictly volunteers, not directed to go. Any thoughts?

Whirlwind · November 2003

As far as I know, exempt status determination is based on the job duties, not benefit eligibility or whether the job is part or full-time. Of course there's a salary test for FLSA exemption, but surely the intent is that you prorate the required amount for part-time employment.

Regarding employees volunteering, scroll down to early October and read the thread covering that topic.

marc · November 2003

If I recall correctly, you can pay Exempt EE's by the hour if you want to - but there is no OT pay premium required.

With respect to volunteers, have them sign a waiver acknowledging that no pay is offered or expected. You cannot coerce them to volunteer or you will lose if challenged. I think there should be a similar workman's comp waiver.

Don D · November 2003

Great points Marc. I agree that if the employees are 'volunteering' to set up the event and maybe flip burgers or work a booth, there is no pay due, but a waiver sounds like a good idea.

A CFO, if performing the duties of any CFO I've ever heard of, is exempt, regardless of hours worked. That's really odd though. What CFO works part time hours? Is this really just a junior accountant with an inflated title?

Kent · November 2003

I can't imagine a person with that title and the general responsibilities of a typical CFO could be anything but exempt.

I do have a question about the part-time status, however. After he works 1000 hours he becomes elegible for 401(k) and pension, but at what point must he be considered full-time and offered the full benefit package.

classification

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