Mixing Exempt and Non-Exempt Work? Here’s What Employers Need to Know
A recent opinion letter from the U.S. Department of Labor, Wage and Hour Division (WHD), FLSA2026-5 , offers a helpful reminder for employers managing exempt classifications — particularly in workplaces where employees may perform a mix of exempt and non-exempt work. The key takeaway: An employee does not lose exempt status simply because they perform additional non-exempt work — even if that work is paid hourly — so long as the core exemption requirements are met. The Scenario: Blended Roles in the Workplace The opinion letter describes a nonprofit acute care hospital that employs exempt “nursing professional development specialists” for 40 hours during the week, but they sometimes pick up one or two 12-hour weekend shifts as “staff nurses,” which is a position classified as non-exempt. During those extra weekend shifts, specialists are paid an hourly rate for the additional work. Thus, the question is whether an employer can employ an individual in both an exempt and non-exempt capa...