Are all non-exempt employees eligible for overtime?
Not all additional university or dual employment arrangements cause an employee to be eligible for overtime pay. The FLSA indicates that employees who, at their option, work occasionally or sporadically on a part-time basis for the same agency in a capacity different from their regular employment do not have to be combined with the hours worked in the primary job for the purposes of determining overtime liability. However, unless the occasional or sporadic rules apply, all hours worked in a secondary job must be combined with hours worked in the primary job to determine overtime liability. How do you define the terms occasional or sporadic and different capacity? Under the FLSA, the “occasional or sporadic” means infrequent, irregular or occurring in scattered instances. A part-time employee who is given a regular work schedule (daily, weekly, monthly) does not meet the occasional or sporadic test. The term “in a capacity different from their regular employment” can be illustrated with
