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#1

Two jobs for the same employer   
Posted: 07/06/2010 09:14am   66 Views
  

Good Day WAW Community!

I'm looking for some thoughts/common practices regarding how other companies handle a full time Exempt employee who wishes to take a part-time job for the same company.  Do you have a policy that does not allow an employee to take a second job with the same company? If the employee is allowed to take another job (part-time) , how is that employee compensated? Do you provide a bonus? Do you pay the employee straight time for hours worked on the second job? Do you make the employee non-exempt for both jobs (overtime eligible)? I tried doing a search of previous posts but was having difficulties finding applicable posts. So, if there were previous posts, please indicate what key words to search by. Thanks

 


Private22434

   
Two jobs for the same employer   
Posted: 07/06/2010 10:43am  
  

I know of one organization that used to allow this practice but they have since eliminated it.  When they did do this, they paid any hours beyond a standard work week as overtime.  It didn't matter which job they were actually in when they hit their overtime hours, it was up to that department to pay. 

This practice resulted in an unreasonable amount of overtime that was really difficult to control as different managers from different departments wouldn't know how many hours an employee worked at the previous job.


#2

Two jobs for the same employer   
Posted: 07/06/2010 07:33pm  
  

We see this frequently in healthcare.  We do allow exempt employees to work in a secondary non-exempt position.  The non-exempt hours are paid at straight time and a different rate than the exempt position.  I recently asked this question at a Wage/Hour seminar conducted by an attorney.  It was stated the DOL will look at both positions and their respective duties to determine exemption.  Be sure the majority of their duties/time when you look at both jobs still has them working in an exempt capacity or you will be needing to pay OT. 

Side note:  While we do this because it puts at low risk legally, there is a large debate on whether it should be done.  I happen to fall on the just because we can legally do it doesn't mean we should.  I would suppose it would depend on the situation/reasons it is occuring.


Private10790

   
Two jobs for the same employer   
Posted: 07/06/2010 09:31pm  
   (1 rating)

Please recall that different States have different rules for exemptions, placing higher demands on employers seeking overtime exemptions; and California's in particular are quite different.  In CA, the Federal requirement that the Primary duty be exempt is further modified by the requirement that the majority of all duties (if they be multiple) must meet exemption criteria.  If I understand that correctly, while the primary executive duty that occupies 45% of your time is sufficent for Federal exemption, California would further insist that another 6% of your time must also be dedicated to exempt-level work, so that the majority (51%) of your duties would meet their exempt-qualified rule.  Or am I wrong in my memory?


 
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