Exempt employees can do non-exempt tasks during pandemic, say feds

Should an exempt employee jump in and tackle some non-exempt tasks during the coronavirus pandemic, don’t worry: Your company won’t be on the hook for overtime.

The Department of Labor (DOL) just clarified that in a recently updated Q&A.

An individual who’s normally exempt under the executive, administrative and professional exemptions won’t jeopardize their status by doing some non-exempt duties.

That’s important information for both Payroll and supervisors.

The Feds realize that in these unprecedented times emergencies will come up. Exempt employees may have to take on tasks they wouldn’t usually. And they don’t want to penalize employers for that.

More guidance for exempt employees (and non-exempts too)

The updated Q&A issued several other reminders as well for you and your Finance team.

• Hazard pay. The DOL reminds that the Fair Labor Standards Act does not require hazard pay. That’s an arrangement between you and your employees. However, your state may have its own requirements.
• Telework. You must pay employees for all hours of telework performed – including OT work – if you knew or had reason to believe the work was performed. That includes even unauthorized work.
• Reducing hours. Exempt employees won’t lose their status if you reduce their hours, so long as they still make at least $684 per week. And that reduction must be due to economic reasons related to COVID-19 or a related economic slowdown.