Can an employee be classified PT and Exempt?
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Can an employee be classified PT and Exempt?
My husband was offered a PT position with a non profit organization. 500
per period. Not required to clock-in/out to track hours. Is this legal?
Asked on May 18, 2016 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The issue is not part time vs. full time for exemption: it's whether your husband otherwise meets the criteria for exemption from overtime. To be exempt:
1) You must be paid on a salary (not hourly) basis;
2) You must make at least $455 per week in salary, or $23,660 per year; and
3) Your job duties or responsibilities must meet one or more of the tests for exemption (the main ones for most employees are the professional, the administrative, and the executive [or managerial] tests), which you can find on the U.S. Department of Labor website--compare your husband's job duties/responsibilities to the test criteria to see if he falls under one or another of them.
Only if your husband meets 1) - 3) above is he exempt. If not exempt, he must be paid overtime when working more than 40 hours in a week, which may be a non-issue if he works part time hours.
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