Employees FAQ 11

If the same person works for a municipality in more than one capacity (e.g., as a part-time public works employee and as a part-time custodial employee), are the jobs considered separately for purposes of paying overtime?

No. Where an employee performs more than one job for the same employer, the Fair Labor Standards Act (FLSA) requires that such jobs be aggregated together to determine what overtime over 40 hours is due. However, where a public employee, at his or her option, works on an “occasional or sporadic basis” for a municipality in a “substantially different capacity,” from the employee’s regular employment, the hours worked in the different job do not have to be combined with the regular hours for the purpose of determining overtime liability. 29 U.S.C. sec. 207(p)(2). The Department of Labor, in a Wage and Hour Opinion Letter, has opined that the government of a political subdivision, including all of its departments and agencies, constitutes a single employer under the FLSA. Fair Labor Standards Handbook Public Employers (Thompson Publishing Group) at Tab 520.