Overtime for Exempt & NonExempt Jobs

Catbert22 · July 2007

I have an employee who currently works as a driver and is paid by the route he drives (a combination of the number of stops and total miles of the route). It is an exempt position. The employee wants to pick up some extra money, so he asked if he can work on his days off as a driver’s assistant, a non-exempt hourly position. His exempt position can be anywhere from 24 to 30 hours/week, but the hours are not normally tracked since the position is paid like piecework. The hourly position would be approximately 16 hours. What are my overtime considerations here? How does the exempt position affect the number of hours he can work in the non-exempt position before overtime becomes a factor?

joannie · July 2007

That would depend on whether the position is in interstate commerce and regulated by DOT or not. There is an exemption from overtime for interstate transportation.

Catbert22 · July 2007

Yes, the driver position is exempt. Does that mean that the employee can work a full 40 hours in a second, non-exempt position before overtime comes into play??

Overtime for Exempt & NonExempt Jobs

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