Q. "Can a part-time employee be exempt?"

ANSWER:

Yes, but…

• Position must meet duties/requirements to be classified as exempt

• Still need to be paid the salary minimum for the state they are working in

• Salary cannot be prorated–it must be the full minimum amount–regardless of what they work

That said, “part-time” and “exempt” usually don't go well together. The point of classifying an employee as exempt—from the employer’s perspective—is that the employee can be paid a set salary and asked to work extra hours without being entitled to overtime.

But employees who are hired into part-time roles often seek them because they have other obligations (or even other jobs). They generally expect to work an exact number of hours each week or at least keep to part-time hours.

If a part-time employee's hours will change a lot over the course of a year, you should carefully consider whether “exempt” is the right classification. Just because a role may qualify to be exempt does not mean you are required to make it exempt.

Exception to the rule:

If the role and the person qualify for the ministerial exception, then FLSA (minimum wage, minimum salary, overtime) does not apply to them due to the separation of church and state. Under the ministerial exception, you as the organization can pay them whatever you want.

Still have questions?

Check out Tiffany Henning explaining the ins and outs of exempt vs. non-exempt employees answering all your questions once and for all in this free webinar!