2nd Job with Same Employer

Vicki

My organization has a normal work week of M-F, 8-5. We also run a 24 hour crisis hotline service. Two of our full time day shift employees (1 non-exempt and 1 exempt) have expressed interest in working on the hotline in an after hours shift. Question 1 - would we have to pay overtime pay to the non-exempt employee if we hire her to work on the crisis line, and Question 2 - are there any other implications relative to the FLSA that might impact an individual working 2 jobs for the same employer?

Rockie

If you have an hourly person, there is no problem with working two jobs for the same employer.

You would definitely have to pay overtime to the non exempt individual if they worked over 40 hours in the workweek.

As far as the exempt person working part time in a non-exempt role, I don't think it's ever a good idea to mix salaried and hourly duties.

Shadowfax

As Rockie says, you will have to pay o/t for the non-exmpt - but be careful what rate you pay o/t on. I'm assuming the part time rate would be less than the ee fulltime rate, and, if so, you will have to select an FLSA method of computing the 'ovetime' rate.

wabbitears

Employees can work another job for the same company whether their original job is exempt or non-exempt. In essence, the company can post jobs and their rates of pay and make them available to the current working staff should they want to accept work at a different rate of pay. The laws still govern the amount of hours an employee can work within a week and the overtime consequence of going over 40 worked hours. But the company does not have to consider the person's present salary or pay him the equivalent of it for an additional job the company has made available.

The logic here, is that anyone of us could go down the street and get a part time job at a drug store and be paid a different rate of pay than our full time job. So the same applies if you are working an extra job for the same company (with exception for the number of hours worked in a week. Having the same employer would get you to overtime quicker than working for an outside company.)

The only thing that you cannot do is have the employee doing the same type work at a lesser rate: then, you wouldn't be able to pay them as non-exempt, you would have to consider their exempt status. As long as the extra work doesn't echo their full time work - you can pay them differently and under a different status.

Shadowfax

True, but, one needs to be very careful how the o/t rate is figured, because it will not be 1 and 1/2 the extra shift rate, but will be a 'computed' rate based on the totoal work done during the week, and it will probaboly change weekly. That was my point. Sure, you can do it. but the trap will be that the o/trate is a function of both regular and extra shift rates.