Employee seeking extra work

Mimi

Need some input please: an hourly employee single mom really, really needs to earn extra money; her full-time job here begins in the afternoon. Another department has an opportunity for part-time work in the AM at another location. She agrees to a flat salary for hours worked at the other location. Can we do this?

WO

My understanding of the FLSA requires that as she is working for the same employer you must pay the overtime for any hours worked in excess of 40. The employee may not waive that right.

You may however determine a base rate through a weighted average of the two different pay rates. All the earnings from each of the two jobs (different pay rates?) are totalled and is then divided by the total number of hours worked in both jobs to come up with a base rate, which is then multiplied by 1.5 to determine the overtime pay rate.

Or you can track hours for each position and determine which position generated the overtime hours and pay overtime based on that position. Both methods seem administratively inconvenient.

jndrsn

I agree with WO in WA. Unless she meets the tests for exempt status, you must pay her overtime. Also, depending on the type of work she does and your industry, there may be limitations on the maximum number of hours she can work (for one employer)in a 24 hour period. Check out your state laws as well as federal.

Don

I Believe the maximum hours allowable per day for HR directors is 24 (Ha-Ha).