Can a worker be both exempt and non-exempt?

In a health care facility, can a salaried (exempt) manager work as staff for a scheduled shifts and receive extra monetary compensation and still be in compliance with wage and hour regulations? Example: A salaried nursing supervisor works her 40 hours per week in a management role and receives her normal salary. In addition the hospital has agreed to give her $400 for working an additional 8 hour shift for working as a staff nurse on a ward in the same hospital. Thank you for any reply, Virginia

Rita Risser's Response:

I don't see anything wrong with this. The wage and hour laws generally apply to the position, not to the person. If the position meets the exempt requirements, it's exempt. Even if we look at it from a person perspective, in order for this person to be exempt, the majority of her time must be spent in the exempt activity. Since she spends 40 hours as a manager, and only 8 as a non-exempt, the majority of her time is spent managing so she is exempt anyway.

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