Can an exempt salaried employee be asked to work overtime to perform non-exempt hourly employee duties without any additional compensation?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an exempt salaried employee be asked to work overtime to perform non-exempt hourly employee duties without any additional compensation?

I am an engineer, an exempt employee. My employer requested that after my normal work hours 7:30 am – 4:15 pm where I am working as engineer. However, I sometimes operate a machine in the shop when I fill for an absent operator, which is not engineering job at all and normally is performed by hourly paid employee. My employer refuses to give me any compensation, including time off for this job explaining that I am an exempt

employee and that they can require I work more the 40 hours per week without additional compensation. Is my

employer correct?

Asked on December 8, 2018 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your employer is correct: if you are an exempt employee, then you can also do non-exempt functions without losing your exemption (or salaried status) and so being entitled to additional pay on an hourly basis. There is no requirement that every task you do qualify for exempt statuts, only that overall, you qualify.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption