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Employee Working Two Different Jobs in Company Arizona Arkansas

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  • Employee Working Two Different Jobs in Company Arizona Arkansas

    If an employee working in a FLSA non-exempt position desires to work a second job within the organization that is FLSA exempt, how would OT compensation be determined? I am assuming that if the employee's regular and customary duties fall within the non-exempt classification, any hours worked over 40 would be compensable at a blended OT rate. However, I am also assuming that if the employee's regular and customary duties fall within the exempt classification, the exempt pay rate would be the prevailing wage (free and clear) and the employee would be exempt from the OT provisions of FLSA. Is that correct? If so, how would one determine what the regular and customary duties are if both positions have a similar FTE value (i.e. both positions are fulltime 1.0 FTEs). Thanks for your help!

  • #2
    The nonexempt job is the primary full-time job, correct? Are you telling me the employee is going to be doing TWO full-time jobs? Honestly, I wouldn't even go there. You're going to have a hard time determining "primary" job duties that way.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Ya, thats what I am thinking (haha). That would be a real mess. If an exempt employee also works in a part-time non-exempt position (more than 50% of the primary duties would be considered exempt), would that challenge their exemption status under FLSA? Thanks!

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      • #4
        Originally posted by sfloto View Post
        If an exempt employee also works in a part-time non-exempt position (more than 50% of the primary duties would be considered exempt), would that challenge their exemption status under FLSA? Thanks!

        Pretty likely.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Really?? So the exemption would be lost if that exempt employee were to also work part-time doing non-exempt work, eventhough the majority of that employees primary work (more than 50%) would be considered exempt-level?

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          • #6
            Not out of the realm of possibility, although I admit I misread it the first time. I really hate letting exempt employees do a second, nonexempt job. To me, it's more trouble than its worth.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank you for your insight :-)

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