You can do this as long as you are paying them overtime for those hours worked over 40. Calculating overtime in these situations can be tricky, therefore, I encourage you to contact your HR Consultant for guidance.
What makes this tricky is when an employee works two or more jobs for which the employee is paid different hourly rates and overtime must be based on the employee’s “regular rate of pay.” Typically, according to the FLSA regulations found at 29 C.F.R. §778.115, the employee’s regular rate of pay when he works two jobs is calculated as the weighted average of the different rates.
To break this down, here is a long example, the regular rate of an employee who works 40 hours per week at $10 per hour as a Receptionist ($400), and works 2 hours that same week at $50 per hour as a Design Coordinator ($100), is $500 divided by 42 hours or $11.90 per hour. The overtime premium owed the employee is an additional $5.95 ($11.90 divided by 2) for each hour over 40, regardless of which job the employee performs during the extra hours. (The employee in the example has already been paid straight time for the first 2 overtime hours up to 40 and is only entitled to the additional “half” of the time and one-half of overtime pay on the balance over 40.) Accordingly, the employee would be paid an additional $11.90 in overtime ($5.95 times 2 hours), so that the employee’s total pay for the week would be $511.90 ($500 straight time pay plus $11.90 overtime premium). The employee’s regular and overtime rates may vary from week to week with the number of hours spent performing each job.
Here is an easier way to calculate.
Alternatively, as explained in the FLSA regulations at 29 C.F.R. §778.419(a), an employer and employee may agree, before the work is performed, that the overtime rate will be based on the regular rate that applies to the type of work performed during the hours in excess of forty. To do this….I would simply put this in writing so the employee clearly understands and agrees to this pay method. If an employee spends 40 hours in a week working as a Receptionist at $10 per hour, and two hours a week as a Design Coordinator at $50 per hour, the overtime rate for any additional hours spent as Design Coordinator is $75.00 per hour ($50 times 1.5). Conversely, the overtime rate for any additional hours spent working as a Receptionist is $15.00 ($10 times 1.5). This method of computation is available for hourly employees only and does not apply to salaried employees.
If you have employees working 2 different positions within your organization or have other HR related questions, please contact Susan at 515-401-2233 or Susan@HRon-call.com
A little more about us:
Susan Arnold, owner and lead HR Consultant at HR On-Call, LLC. Susan has 20+ years of HR experience and provides a HR presence to business organizations without the overhead expense of a full-time employee. Susan helps business owners improve employer/employee relationships and allows them to focus on their business while resting assured that they are in full compliance with state and federal law.
Areas of expertise:
- Reduce Employer Risk and Liability
- Customized Employee Handbooks
- Performance Reviews
- Improve Employee/Employer Relationships
- Background Checks
- Personality Assessments
- Guaranteed EEO Compliance
- Employee Retention
- Recruitment / Hiring
- Employee Discipline/Discharge
Susan is passionate about her customers and listens to their needs. If you are interested in any of the details above or would like more information about her services, please contact Susan!