When an exempt employee works 20 hours weekly doing their exempt function and is assigned new non-exempt duties for the same employer, is the employer required to pay minimum wage?

Exempt or Non-exempt TheFair Labor Standards Actdoes not allow for mixing of exempt and non-exempt duties, so you need to consider all types of duties included in the position when deciding whether the employee is exempt or non-exempt under federal law. In this case, if the employee works 20 hours per week performing duties that […]

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Exempt or Non-exempt

TheFair Labor Standards Actdoes not allow for mixing of exempt and non-exempt duties, so you need to consider all types of duties included in the position when deciding whether the employee is exempt or non-exempt under federal law.

In this case, if the employee works 20 hours per week performing duties that are classified as exempt, as long as the employee still meets the salary requirement for exempt employees of $455 per week ($23,660 per year), the employer can compensate the employee for non-exempt duties under exempt pay. The employer would have the option of increasing the number of hours of regular exempt work to account for additional job duties.

Reclassifying as Non-Exempt

If the same employee’s duties were changed to non-exempt duties, as in the case of transferring managerial duties to another manager, the employer could change the employee’s status to non-exempt. In this situation, the employer would have to pay at least the minimum wage.

State Minimum Wage Exemptions

You will also want to check your respective state’s and city’s laws on minimum wage exemptions. For example, in Ohio, employers may not pay less than the state minimum wage unless the employee or the occupation is specifically exempt from the minimum wage requirements. In the case of an exempt employee, the employer is not allowed to pay some of the duties at or below minimum wage.

Helpful Link:

Minimum Wage Laws by State, 2017 – DOL.gov

List of Exemption Duties by Category – DOL.gov

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