Can Exempt Workers do Non-Exempt Work?

Have the rules for exempt and non-exempt workers changed during the pandemic?  The US Department of Labor said that during the COVID-19 public health emergency—as declared by a federal, state or local authority—employees who are exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements under the executive, administrative and professional exemptions may temporarily perform nonexempt duties that are required by the emergency without losing their exempt status.  Exempt employees must be paid at least $35,568 annually and meet the executive, professional or administrative exemption.  Currently, according to the Wage and Hour division, employees that otherwise qualify for a white-collar exemption to perform more nonexempt duties during emergency situations that “threaten the safety of employees, a cessation of operations or serious damage to the employer’s property” and are beyond the employer’s control and couldn’t reasonably be anticipated.

This information comes from the Society for Human Resource Management.

Read more about this here: