Can an exempt salaried employee be asked to work overtime to perform non-exempt hourly employee duties without any additional compensation?

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Can an exempt salaried employee be asked to work overtime to perform non-exempt hourly employee duties without any additional compensation?

I am an engineer, an exempt employee. My employer requested that after my normal work hours 7:30 am – 4:15 pm where I am working as engineer. However, I sometimes operate a machine in the shop when I fill for an absent operator, which is not engineering job at all and normally is performed by hourly paid employee. My employer refuses to give me any compensation, including time off for this job explaining that I am an exempt

employee and that they can require I work more the 40 hours per week without additional compensation. Is my

employer correct?

Asked on December 8, 2018 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, your employer is correct: if you are an exempt employee, then you can also do non-exempt functions without losing your exemption (or salaried status) and so being entitled to additional pay on an hourly basis. There is no requirement that every task you do qualify for exempt statuts, only that overall, you qualify.


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