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  1. #1
    Join Date
    Aug 2008
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    2

    Default Salary During Week, Hourly on Weekend

    My question involves employment and labor law for the state of: TN

    If I have a salaried employee in our plant that wants extra work and desires to "apply" for an hourly lin-staff position to work on the weekends, do these 2 positions qualify as separate for OT calculations? During the week this person truly qualifies as Salaried-Exempt from OT but the position he would be working in on the weekend would truly qualify as Hourly-nonexempt.

    Is this type of arrangement allowable under Wage/Hour laws?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Salary During Week, Hourly on Weekend

    These are entirely separate positions?

    I haven't found anything that says you can't do this, but neither have I found anything that says you can. You might consider consulting an attorney to be certain.

  3. #3
    Join Date
    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Salary During Week, Hourly on Weekend

    The employee would be either exempt or non-exempt. You can't be both. The BALANCE of his duties would determine which.

  4. #4
    Join Date
    Feb 2008
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    1,179

    Default Re: Salary During Week, Hourly on Weekend

    Regardless of laws, allowing an employee to do this opens a whole can of worms. Obviously it opens the compensation issues. Workers Compensation costs (for his whole salary) will generally get charged to the more expensive code. Then you get into timeoff accruals, stress, lack of free time/sleep, etc. What happens if job performance drops off in either jobs? Does he hold a "higher" position in the exempt job than the boss in the 2nd job? Would he be able to deal with the difference in positions?

    Honestly, it is just not best business practice all around.

  5. #5
    Join Date
    Aug 2008
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    2

    Default Re: Salary During Week, Hourly on Weekend

    Thanks for the feedback. I agree it opens a whole can of worms. I've been reluctant to allow this, but wanted to check with others 1st. Yes, they are 2 completely different position. We're a small enough company him being below a supervisor isn't an issue and can be dealt with easily enough.

    I believe Exemptness follows the position, not the employee, thus the same employee could be exempt in one position and non-exempt in another position. For instance, say a CFO goes to work weekends at Taco Bell - would he be exempt or non-exempt? During the week he's exempt so would that make him exempt too at Taco Bell? Just becaue it's the same company, yet distinctively different positions, should make a difference. Being Exempt vs Non-Exempt should always be addressed with blinders on to the person in the position.

    I hadn't thought about the workers compensation issue, but since both positions are in the production plant (one in the office, one on the floor) they are all covered under the same workers compensation code so that's a moot point, but a good point.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Salary During Week, Hourly on Weekend

    If a CFO goes to work at Taco Bell, he is an exempt employee for the one company and a non-exempt employee when he is at Taco Bell.

    But you are not talking about someone working two different positions for two different companies as in your CFO/Taco Bell example (unless he is the CFO OF Taco Bell); you are talking about someone working two different positions for the same company. And that's a very different thing. Even if you think it shouldn't be, the law disagrees with you.

    You are wrong that exempt status goes with the position, not the person. It is the TOTALITY of the job duties in any and all positions that determines exempt or non-exempt status. NO employee can be both exempt and non-exempt for the same employer; they MUST be either one or ther other. Few if any exempt positions arecompletely free of non-exempt duties; almost every exempt position has SOME duties that are of non-exempt status. If the weekend job adds enough non-exempt type duties to the totality of his duties, you jeopardize the entire exempt status.

  7. #7
    Join Date
    Aug 2008
    Posts
    3

    Default Re: Salary During Week, Hourly on Weekend

    Is the 'can't be both exempt/nonexempt' only for TN or is it Federal Law? I really need to know regarding employment in MO.
    Thank you.

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