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<< Back to FAQ/Fact list Q: Is it possible to be exempt and non-exempt at the same time? I know that may sound like a peculiar question, but aren’t there times when, even though I’m a manager, I could be doing nothing but non-managerial jobs? A: There’s nothing really unusual about your question. Many organizations unwittingly break federal and state laws by having managers work in non-exempt jobs for more than 20% of the week. That’s the key: if an employee spends more than 20% of any work week in non-exempt work, then s/he is non-exempt for that week or work period.
For example, several organizations have their managers spend a full week every quarter or every six months stocking shelves or taking stock. These are definitely non-exempt responsibilities and, if the organization was trying to be in full compliance they should pay overtime for any hours in excess of 40 worked during that week. And while, most managers don’t want to "rock the boat" or jeopardize their positions, the true challenge is that most managers and organizations rarely know or ever think about this provision of overtime laws.
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