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Part-time Exempt Employee

An employee who was in a full-time exempt position is now going to work part-time. Their duties are the same, however, the work week will fluctuate somewhere between 25 – 28 hours. The employee will be paid based off of the number hours she works, so some pay checks will be higher than others. I was wondering if she can still be considered exempt? She still meets the salary level test, because she makes a lot per hour, but I was wondering if she would not meet the salary basis test, since we will pay her based off of numnber hours she is working? Everyone else says that she will remain classified as Exempt, but I thought she should be considered non-exempt. She works in the computer field.

In order for an exempt employee to remain exempt they must meet not only the duties test associated with the position by they must be paid on a salary basis of not less than $455.00 per week. The FLSA states that “generally an employee is paid on a salary basis if they have a “guaranteed minimum amount of money they can count on receiving for any work week in which they perform any work”. Exempt employees who are paid less than $23,600 per year ($455.00) are nonexempt.

Employees who are paid on an hourly basis make an exempt employee ineligible for the exempt status because their pay rate will fluctuate. The employee should be classified as non-exempt and be paid overtime for any hours worked over the set amount (25 or 28 – an established number should be determined) of hours per week.

In regard to computer positions, the Department of Labor states “computer employees must meet the following test:

· The  employee must be compensated either on a salary or fee basis at a rate not less than $455.00 per week or if compensated on an hourly basis, at a rate of not less than $27.63 an hour;

· The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;

1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

2. The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specification;

3. The design, documentation, testing, creation or modification of computers related to machine operating systems; or

4. A combination of the aforementioned duties, the performance of which requires the same level of skills.

The position, job responsibilities, salary all must be evaluated in order to determine if the employee will continue to be exempt or should be classified as non-exempt.

This entry was posted on Sunday, March 17th, 2013 at 1:46 pm and is filed under
Human Resources Management.
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