Can Exempt Employees Make Extra Pay for Extra Shifts? What’s the Tea in L&E?

As employers continue to navigate staffing challenges and evolving wage and hour guidance, a new U.S. Department of Labor Opinion Letter is raising important questions about compensating exempt employees who step in to perform non-exempt work.

In this episode of What’s the Tea in L&E?, Principals Leah Stiegler and Fred Schutt discuss what the DOL’s latest guidance means for employers and whether additional compensation can or should be paid when exempt employees pick up extra non-exempt shifts.

Leah and Fred revisit the fundamentals and key requirements of exempt employee classification. They unpack the DOL's guidance on providing additional compensation in these circumstances and discuss considerations for employers seeking to remain compliant while recognizing employees' extra efforts. They also share practical implications beyond legal compliance, including employee morale and workplace culture.

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