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Overtime

patricksCApatricksCA 1 Post
in HR & Employment Law Vote Up0Vote Down
I have an exempt employee that would like to work in a different area of the company on a parttime basis. My question is wouldn't she be eligible for overtime for any hours she worked in the other department because her exempt status creates a "full time" position.Hence any additional hours would be overtime hours. Am I right or can she do this?
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  • 5 Comments sorted by Votes Date Added
  • hhaynalhhaynal 231 Posts
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    The forum recently discussed this very issue. Do a search on the forum topics. There is a response I posted in how our company handled a similar situation.
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  • CroutCrout 1,238 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 08-30-05 AT 07:39AM (CST)[/font][br][br]I just dealt with this situation. My preference was to simply say no to the exempt employee who wanted to pick up extra money working a non-exempt job. I cited the George Costanza rule that said worlds shouldn't collide, but I was overruled. Yes, I know my stance was rather self-serving, but there it is. Anyway, I called the DOL and the short answer to your question is.....it depends on the amount of non-exempt work for any given week. Forget that your employee has two different jobs, and look at the TOTAL amount of labor. If, for example, your EE's non-exempt labor for any week is up around 50% of the total you should pay overtime for that week. If the amount of non-exempt labor is consistently around 25% (again, an example) you can simply pay straight time for the non-exempt job.


    Ooops! Just noticed you are from the Republic of California. You'd better call your state DOL cuz it wouldn't shock me if you had a state law governing this situation that exceeds Federal law.
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  • E WartE Wart 719 Posts
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    Crout, I hate to tell you that I feel sure CA is different. They have a different law than federal on overtime. I wouldn't even begin to address this without talking with the state labor dept.
    E Wart
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  • allenballenb 9 Posts
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    If her "primary duty"s exempt work, incidental non exempt work will not defeat the exemption
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  • LivindonSouthLivindonSouth 1,358 Posts
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    But, working an additional part time job isn't 'incidental'.






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