Exempt status in danger?

DMK

We are in healthcare and according to FLSA regs we can change our RNAC's to exempt status. They mostly do paperwork, however, very occasionally they work on the floor when we are short an RN. May we pay them an hourly rate for those hours worked on the floor or would that negate their exempt status?
Thanks much for your help!

pork1

DMK: I can not find the perfect answer for your concers; however, as I read the FLSA chart for decision making on EXEMPT/NON-EXEMPT, I COME TO THE CONCLUSION THAT UNDER "Learned Professional Employees" meet the criteria for exemption, when they are salaried at greater than $455.00 per week and accomplish non-manual work in their field of vocation. If I read the new law correctly, this group of employees are EXEMPT from the FLSA for the accomplishment of their primary task.

Now, if you want to also have them doing a totally seperate physical job and recognize them in doing those task as something other than a "learned professional employee" then those hours accomplished by this person would be in a non-exempt role. These hours would be paid at some rate of pay plus overtime.

Complex situation and probably a "nightmare" to keep the hours seperate and earnings seperate. Most likely more costly than hiring a new person to accomplish the overload of task on your limited staff, thus creating a need to have a "learned Professional Employee" do task for which the person is not required to have specialized training in order to do the physical work. However, if the physical work you assign to them is not greater than 20% of the total 40 hour work week or 8 hours spent doing physical labor there should not be a harm in retaining the exempt status.

Again, I recommend you consult with the local federal wage and hour folks. I have had good success in contacting them direct. If they are no help ask your retained legal counsel.

PORK