How does an employer classify an employee who performs two or more distinct types of jobs?
Author: Jessica Sussman
Generally, an employee's primary duty must be the performance of exempt work in order for the Fair Labor Standards Act (FLSA) minimum wage and overtime exemptions to apply. The amount of time spent doing each job, and whether that job includes exempt work, can be a helpful guide in determining whether the employee's primary duty is exempt work. Employees who spend more than 50 percent of their time performing exempt work will usually satisfy the primary duty requirement. Employees who do not satisfy the primary, or main, duty requirement of a specific exemption may still qualify for an exemption if their primary duty involves a combination of exempt duties under one or more of the executive, administrative, professional, outside sales and computer employee exemptions. See Employee Compensation > Employee Classification > Combination Exemptions. This means multiple duties that separately would be exempt under an individual exemption if they were the employee's primary duty, may be combined to form the employee's primary duty of exempt work.