The Department of Labor issued an opinion letter explaining that an exempt employee does not lose exempt status simply by performing additional hourly work in a separate, non-exempt role. Under the Fair Labor Standards Act (FLSA) and its regulations, the exemption may still apply if the employee’s primary duty is exempt work and the employee continues to satisfy the salary basis and salary level requirements.
The opinion letter involved an academic medical center whose exempt Nursing Professional Development Specialists sometimes picked up additional hourly shifts as non-exempt Staff Nurses. DOL concluded that the arrangement did not, by itself, change the employees’ exempt status because their primary duty remained the Specialist role and the Staff Nurse shifts were supplemental.