Can we have part-time exempt employees? 04-04-2006

Should an employer change the status of an employee from FLSA exempt to non-exempt just because they work part-time, even if the job duties have not changed. For example, if your full-time therapists are exempt, by making a part-time therapist non-exempt, would you be jeopardizing the exempt status of your full-time therapists? If we keep the part-time employee as exempt, how should the part-time exempt employee be paid?

Rita Risser replies:

Exempts can work part-time without jeopardizing exempt status of themselves or anyone else. Pay them on a reduced salary basis. E.g. if they work 20 hours a week, they would be paid half salary.

The ins and outs of exempt and non-exempt pay practices are covered in our program, Managing within the Law, Part II.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.