Dual Employment

Dual Employment

(Hiring of Current Staff and Wage Employees into a Second University Job)

What is Dual Employment: Dual employment occurs when a hiring official wishes to hire a University or Classified staff or wage employee currently employed on a full-time basis to perform an additional job assignment (a second job with the University). The additional work is performed in either (a) the employee’s home department, but in a different job than the employee’s primary assignment, or (b) a department other than the employee’s home department. Wage employees employed in two or more assignments, neither of which is full-time, is NOT considered dual employment.

The University discourages dual employment as a staffing option and therefore strictly controls the approval process. Dual employment is approved on a temporary basis only and for compelling business reasons. Those dual employment situations that result in a negative impact on the performance of an employee’s primary assignment shall be terminated immediately. All dual employment assignments must be approved by University Human Resources through U.Va. Temps.

What are the Necessary Conditions for Requesting Dual Employment: Dual employment assignments are approved when all of the following conditions are met:

  • justified as a “business necessity”
  • the duties and responsibilities cannot be assigned to someone else in the department
  • hiring of a new/different wage employee with the required skills is not feasible, and the need is temporary

How Does a Manager Request Permission for Dual Employment: University managers requesting dual employment must complete and submit a U.Va. Request for Dual Employment form to U.Va. Temps. If the dual employment involves more than one department/unit the form must be signed by both the requesting department and the employee’s current supervisor.

What is the Appropriate Compensation for Dual Employed Employees:Employees deemed Non-exempt under the Fair Labor Standards Act (FLSA) and hired into approved dual employment assignment will be paid at 1.5 times the employee’s current hourly pay rate. In addition, departments will be assessed the U.Va Temps’ administration fee. Departments hiring employees deemed Exempt under FLSA into approved dual employment assignments are not required to pay such employees at the premium (time and one half) rate. In such circumstances, departments should negotiate the rate of pay with the Exempt employee based on the dual employment assignment.

Dual employment payment is dependent on the FLSA status of the primary (first) job based on the chart below:

PRIMARY JOB FLSA STATUS DUAL EMPLOYMENT JOB FLSA STATUS 1½ OVERTIME PAYMENT
Exempt Exempt No
Exempt Non-Exempt No
Non-Exempt Exempt Yes
Non-Exempt Non-Exempt Yes