Can an employee in an appointed position also work in an hourly capacity?
A. Yes, an appointed employee is allowed to also work in an hourly capacity, however if the employee is in a non-exempt, full time appointed position, the employee should be compensated at a time and a half pay rate for all hours worked beyond 40 hours in a work week unless the “different and sporadic” rule applies as stated in Section 207 (o)(2) of Title 29, United States Code: “If an employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency undertakes, on an occasional or sporadic basis and solely at the employee’s option, part-time employment for the public agency which is in a different capacity from any capacity in which the employee is regularly employed with the public agency, the hours such employee was employed in performing the different employment shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.
