2 Pay rates for Exempt?

Kymm · April 2002

We have a few employees who are exempt supervisors and get paid a salary. However, there are times when we need them to work on weekends (doing non-exempt work). In California, can we set up a separate "pay rate" for those hours they work on the weekend and pay them an "additional" amount on their pay check? Or do any of you have any other suggestions? Thanks!

Don D · April 2002

[font size="1" color="#FF0000"]LAST EDITED ON 04-10-02 AT 11:15AM (CST)[/font][p]Exemptions are based on job duties with primary consideration given to the amount of time in the standard workweek the Ee actually performs 'exempt' type duties. It's the job, or the position, that's exempt after all, not the employee, although we refer to ourselves in that manner. All of us perform what you might consider non-exempt duties from time to time. It's not uncommon for me to vacuum my office or be seen with a broom at the front of the building or spend an hour and a half in a file area. That doesn't make me non-exempt and doesn't require that my employer treat me differently during those time periods, unless my job description required me primarily to sweep, vacuum and file. Without knowing California regulations, but knowing there is an extreme abundance OF them, in my opinion if you have properly applied the exemption test(s) and determined the JOB to be exempt, there's no problem with having them in on the weekend for what you call non-exempt work. Don't get caught 'fudging' the test-formula though. If you are defining two separate jobs, one M-F and one on weekends, you have something altogether different.

Kymm · April 2002

The employees in question would be doing a different job on the weekends (it would be a Tech job which IS a non-exempt position. We want to pay them something additional for that work, but obviously, don't want to call it "overtime".

Margaret Morford · April 2002

Why don't you pay them a flat dollar amount bonus when they work weekends and not keep track of those hours?

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Rockie · April 2002

In the health care world, this is done frequently. Someone could be a nurse manager during the week (exempt) and then work shift work on the weekends as a floor RN (hourly). Usually, this is done in a different area/floor than where they would normally work during the week. I assume this same thing could be accomplished in different industries.

MaryJ · May 2002

How do you pay them for the different job if their original job is exempt and the one creating the additional hours aren't exempt?

Dottie · May 2002

We recently had a similar situation occur. We have an Accounting Manager who wants to work part-time in the evenings and on weekends in our retail department. I called the DOL Wag & Hour and was told that as long as 20% or less of the employee's duties were considered non-exempt work, then we could continue to consider that person exempt. We are restricting the number of hours she can put in on the non-exempt work and increasing her salary to compensate for the additional work.

2 Pay rates for Exempt?

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