PART TIME WORK EXEMPT OR NON-EXEMPT

lynn2008

We have hired a Market Analyst, that if working as full time would easily fit under the Exempt status.

However the person we hired is working 24 hours per week on the average, some at the office, some at home, and she is being paid $25.00 per hour.

During the time she is working part time for us, int he event she would exceed 40 hours per week, would I have to pay her Overtime for the +40 hours?

I think so but could use some other seasoned opinions. Thanks!

FunHRBanker

My opinion is yes. You have classified her as an "hourly employee", making her eligible for OT.

HRCalico

Since you have classified her as an hourly employee, the answer is yes. (It is my understanding that you can have a salaried non-exempt, but not an hourly exempt.) However, she does met the minimum salary requirement of $455 per week, so if her duties lead you to classifying her as exempt, I think you could make the change. I'd keep a close eye on output/productivity, though, and there will of course be howling when she has to put in more than usual but you won't get a thank you when she has a slow week and takes off early. Call your friendly local wage and hour office - they should be able to help.

Louisville District Office
US Dept. of Labor
ESA Wage & Hour Division
Gene Snyder US Courthouse and Customhouse
Room 31
601 West Broadway
Louisville, KY 40202-9570

Phone:
1-866-4-USWAGE
(1-866-487-9243)
(502) 582-5226

Jim Rogers
District Director

James Karn
Asst. District Director

shansan

Yes. She is non-exempt and therefore must be paid overtime.