Yes, those employees almost certainly would be considered to be non-exempt and therefore entitled to be paid overtime when working more than forty hours per week. The fact that the employees perform different duties at different times is not relevant when calculating the total number of hours worked per week.

If the employees’ hourly rates differ depending on the type of work performed, we recommend that you review the Department of Labor’s overtime rules for calculating the applicable overtime wages.

For resources related to our guidance, please see:

• Fair Labor Standards Act, 29 USC 207(a)(1) (“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”)

• Department of Labor Regulations, 29 CFR 778.115 (“Where an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay (of not less than the applicable minimum wage) have been established, his regular rate for that week is the weighted average of such rates. . . .”)

• Department of Labor, Fact Sheet #23, Overtime Pay Requirements of the FLSA (“Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421.”)