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Two Jobs with One Employer

I work at a University. I have a Head Coach of one of our sporting teams (exempt) that now wants to accept an administrative assistant position which is non-exempt. Don’t I have to count all hours worked and pay overtime?

An exempt employee is permitted to work a second job with the same employer for additional compensation without violating the salary basis requirement and jeopardizing his exempt classification.

Under the Fair Labor Standards Act (FLSA), an employee can only have one classification, exempt or non-exempt. The classification is based on the employee’s primary job duties. But when an employee has two jobs within the same company the primary duties are actually a combination of both jobs.

So, if the employee in question will only be working a few additional hours as an administrative assistant this is not much of an issue. However, if the employee starts to work more hours as an administrative assistant than as a Coach, it must be determined if the combined responsibilities of the two jobs would still satisfy the requisites for the exempt classification. If not, the employee would need to be re-classified as non-exempt for both positions and subject to overtime regulations per the FLSA.

An exempt employee may still work a second job and receive additional compensation for doing so. The exemption is not lost if an exempt employee who is guaranteed at least $455 each week paid on a salary basis also receives additional compensation based on hours worked for work beyond the normal workweek. Such additional compensation may be paid on any basis including flat sum, bonus payment, straight-time hourly amount, time and one-half or paid time off.

So, the employee can receive his regular salary as a Coach and be paid per hour for time worked as an administrative assistant. Just remember to monitor the number of hours worked as an administrative assistant. If the employee starts to work more hours in the non-exempt position, then his classification must be changed.

This entry was posted on Wednesday, September 30th, 2015 at 7:43 pm and is filed under
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