Answers to tricky legal questions: Exempt status when employee has 2 jobs
Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation.
Today’s question: How do you figure out exemptions when an employee works two jobs at the same company?
Question: A full-time exempt employee recently started working a part-time job with us to pick up some extra cash. Is he still exempt?
Answer: That depends on the nature of his work. Employees are either exempt or nonexempt — they can’t be placed into two categories when they work two different types of jobs.
According to a Department of Labor Opinion Letter (FLSA 2005-14), the answer is based on the employee’s “primary duty.” In other words, if his main role is still performing exempt work, then he’s exempt across the board.
But if the primary duty is nonexempt work, then he gets overtime pay for hours worked in both jobs.
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