Q. Can we pay any of our part-time employees as salaried employees?
A. Yes, the Fair Labor Standards Act () says part-time workers can be paid a salary and considered exempt from overtime. Although it is unusual for part-time workers to earn overtime because they rarely work more than 40 hours a week, a part-timer can be deemed exempt if their job duties meet the criteria.
Even if the part-timers’ job duties qualify as exempt, the FLSA also requires most salaried workers to earn at least $455 a week. If the worker does not earn this amount, even salaried employees must be paid overtime if they work more than 40 hours a week.
To get it right, carefully evaluate on what basis the part-time worker might be considered exempt. Good tool: The DOL’s online FLSA Overtime Security Advisor, which walks you through the decision.
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