Q: We have a non-exempt employee who recently accepted an exempt position with our company. We are considering asking him to come back in on the weekends to help with his previous non-exempt job, however he would hit 40 hours of exempt work before Saturday. If he would do non-exempt work on weekend are we required to pay him at his new hourly rate or previous hourly rate? Would his time on Saturday’s be overtime even though his status is Exempt?
A: You can pay the employee on an hourly basis, but he may no longer be an exempt employee. If you want to maintain his exemption, and assuming his part-time job duties continue to meet the exempt status, you need to pay him the minimum salary required.
