['Wage and Hour']
['Non-Exempt employees', 'Wage and Hour']
01/05/2024
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Question: How should an employee who works in both a nonexempt and exempt capacity be classified?
Answer: If an employee has two separate and distinct positions at a company, and one of the positions does not qualify for overtime exemption, the combined work of the two positions needs to be evaluated. The employee should not be deemed both exempt and nonexempt.
If the primary duty is the performance of exempt work, the exemption would apply. If, however, the primary duty is comprised of nonexempt work, the exemption would not apply. It is possible for an exempt employee to take on part-time work and retain the exempt status. It’s also possible, however, that an employee who works two jobs for the same employer would have to be nonexempt, and all hours in both positions would be combined for overtime.
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['Wage and Hour']
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