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Non-exempt working different job on weekends

jbnunziojbnunzio 26 Posts
in Compensation Vote Up0Vote Down
If a non-exempt employee earns $12.00 week Monday through Friday and requests to begin working weekends as a part time sales person for the company which carries an $8.00/hr. plus commission rate, am I okay to pay him two separate payrates for the different jobs as long as I pay overtime over 40?
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  • 2 Comments sorted by Votes Date Added
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    The DOL regs allow an employer to pay different rates for different work. However, calculating overtime can be a bit confusing. You probably need to check out the DOL regs to determine how to do so (I expect you will have to calculate an average hourly rate for all work, then pay overtime based on the average -- this could mean that even if the hours over 40 were worked on the 8 dollar an hour job, the overtime rate could be higher than $12.00 per hour). I would check the regs closely -- they may also allow some alternate method to calculate overtime.

    Good Luck

    Theresa Gegen
    Texas Employment Law Letter
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    The short answer to your question is YES, altho the more complicated issue will be the overtime rate. Presumably, you're comfortable with how that is calculated or you would've asked the question.
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