Exempt employee workng in an hourly postion also....

Schenker

I have a salaried/exempt employee who wants to earn extra income by working for us on his days off, in an houly job through a temp. agency.  I know that if we let him work for us directly he would need to be paid overtime.  Not sure about the consequences of letting work through another employer.

I would appreciate any help that might save me a lot of research time.

TXHRGuy

[quote user="Schenker"] I have a salaried/exempt employee who wants to earn extra income by working for us on his days off, in an houly job through a temp. agency.  I know that if we let him work for us directly he would need to be paid overtime.  Not sure about the consequences of letting work through another employer.

I would appreciate any help that might save me a lot of research time.[/quote]

Generally speaking, FLSA is written and intended to prevent this kind of gamesmanship.  Consequently, Wage and Hour is also skillful in uncovering and prosecuting this type of thing.  I suspect that you will not avoid overtime or otherwise benefit your company in the long term from this practice.