2nd Job with Same Employer
Vicki
1 Post
My organization has a normal work week of M-F, 8-5. We also run a 24 hour crisis hotline service. Two of our full time day shift employees (1 non-exempt and 1 exempt) have expressed interest in working on the hotline in an after hours shift. Question 1 - would we have to pay overtime pay to the non-exempt employee if we hire her to work on the crisis line, and Question 2 - are there any other implications relative to the FLSA that might impact an individual working 2 jobs for the same employer?
Comments
You would definitely have to pay overtime to the non exempt individual if they worked over 40 hours in the workweek.
As far as the exempt person working part time in a non-exempt role, I don't think it's ever a good idea to mix salaried and hourly duties.
The logic here, is that anyone of us could go down the street and get a part time job at a drug store and be paid a different rate of pay than our full time job. So the same applies if you are working an extra job for the same company (with exception for the number of hours worked in a week. Having the same employer would get you to overtime quicker than working for an outside company.)
The only thing that you cannot do is have the employee doing the same type work at a lesser rate: then, you wouldn't be able to pay them as non-exempt, you would have to consider their exempt status. As long as the extra work doesn't echo their full time work - you can pay them differently and under a different status.