Employee in Exempt/Non Exempt Role

Katie · September 2001

What are the pay guidelines for an employee who is performing 50% exempt work and 50% non exempt work? For instance we have a clinic manager who also acts as the laborator technician, which is a non exempt position. Are we responsible for paying overtime, eventhough she is classified at exempt? Also, should we pay her her an hourly wage if she she has to work on a company holiday in addition to the holiday pay?

bsa · September 2001

I noticed that many have viewed your question, but no one feels qualified to respond, myself included. Contact an employment attorney who has experience in FLSA classifications. Mis-classification can be very expensive if the employee contacts DOL because it opens the door to all your payroll practices.

cleavey · September 2001

The regulations for the FLSA specifically address this. They basically say that the predominate nature of the work is what governs and, with some exceptions, if more than 20% of the time is spent on non-exempt work, the exemption is lost, so a 50-50 split certainly would lose the exemption. The regulation is at 29 CFR 541 and can be found here: [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Chapter_V.htm[/url]

6305 · September 2002

[font size="1" color="#FF0000"]LAST EDITED ON 09-25-02 AT 08:44AM (CST)[/font][p]The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. Consult with your attorney before taking legal action. The July 12 "HR Tip of the Week" shows an exception to this FLSA exemption. In that tip "bona fide executive employees" who spend over 50% of their time performing nonexempt work were not entitled to overtime. It is an interesting exception to the exemption. Read about it at this link [url]http://www.hrhero.com/headlines/071202/exempt.shtml?id=w2[/url]

Employee in Exempt/Non Exempt Role

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