A number of questions have arisen lately regarding compensation requirements for employees with two County jobs. We are sending out this reminder memo to ensure that, when required by the Fair Labor Standards Act (FLSA) these employees are paid overtime when the combined jobs exceed 40 hours in any workweek.

This issue usually involves a full-time employee who works a second job in the same, or another department as Extra Help. However, it can also involve an employee working two part-time jobs. In determining whether the employee must be paid at the overtime (time and one-half) rate for hours worked in excess of 40 hours in a workweek, the following factors must be considered:

 Work Group Determination

First, you need to determine the FLSA Work Group that both jobs fall under. Your Payroll Specialist can assist you in making this determination. Whenever you hire a regular County employee for an extra help position, ensure that you communicate this to your payroll clerk. If the employee’s regular position is in another department, your payroll clerk will need to coordinate with the other payroll clerk to determine the number of hours worked.

  1. If neither of the jobs is in Work Group 1, no overtime is required and the three tests below do not have to be assessed.
  2. If both jobs are in Work Group 1, overtime must be paid if any one of the three tests below is failed.
  3. If one job is in Work Group 1 and the other is not, contact Employee Relations for guidance on whether overtime must be paid.

Three Tests for Overtime

If the jobs are in Work Group 1, you must assess each of the following criteria to see if overtime must be paid. Failing any one of the three tests results in a requirement to pay overtime.

  1. The second job must be performed solely at the employee’s option. In other words, the employee must request the second job, not be assigned to it.
  2. The second job must be performed on an occasional or sporadic basis. The employee cannot have a regular schedule in the second job. Employees whose second job is to fill in when employees are sick or on vacation would fit this category. An employee who works every Saturday on the second job would not pass this test and would have to be paid overtime.
  3. The second job must be in a different capacity from their regular job and must fall within a different general occupational code.
    • Examples of jobs that fit in the same capacity or same general occupational code and would therefore require overtime are:
      1. Park Ranger and Park Aide
      2. Office Specialist and Office Assistant
      3. Residential Counselor and Group Supervisor
    • Examples of jobs that fit in different capacities and different occupational codes are:
      1. Admin Secretary and Park Aide
      2. Accountant and Benefits Analyst
      3. Medical Office Assistant and Supervising Custodian

 Calculation of Overtime Rate

If overtime is required, there are very specific regulations about how the overtime rate must be calculated. It is not as simple as paying time and one-half of the rate of the second job. It is essential that your Payroll Specialist calculates the overtime rate.

To calculate the rate, you multiply the hourly rate of the first job by the number of hours worked in that classification, multiply the hourly rate of the second job by the number of hours worked in that classification and then divide the total dollar amount by the total number of hours worked. This amount must then be paid at the time and one-half rate. For example:

The employee works 40 hours as a Residential Counselor II in Mental Health ($32.82/hour) and 16 hours as a Group Supervisor I in Probation ($26.66/hour). You would multiply 40 x $32.82 ($1312.80) and 16 x $26.22 ($419.52) and add these dollar amounts together ($1732.32). You then divide $1732.32 by 56 hours to get the wage rate of $30.93. (Note that this base wage rate is significantly higher than the base rate for Group Supervisor I). The overtime rate for $30.93 is The employee would be paid $46.40 per hour (1.5 x $30.93) for the 16 hours worked as a Group Supervisor I as opposed to the straight-time rate of $26.66 for an extra help Group Supervisor I. As you can see, this is not normally a cost-effective staffing mechanism.

If you have any questions about whether you must pay at the overtime rate for an employee with two County jobs, please call Employee Relations at x4339. For questions about calculating the overtime rate, please call the Controller’s Payroll Division at x4853.