Dual Employment
An employee is considered dual employed when holding two or more State of Texas jobs. The appropriate Human Resources office or applicable department reviews the dual employment requests to ascertain whether the hours worked in multiple positions may be combined under the Fair Labor Standards Act (FLSA). There are two distinct situations that may arise in which an employee is entitled to additional compensation: single activities that result in one or more payments being made to the employee and on-going activities that result in dual employment and multiple payments to the employee.
Any employee, whether exempt or non-exempt under the provisions of the Fair Labor Standards Act, may accept additional employment with another department, unit, or component of The Texas A&M University System, provided the employee obtains the advance approval of the head of both the current department or unit and the employing department or unit. This approval is necessary to assure proper coordination of payment for employment when more than one department is involved. For definitions on exempt vs. non-exempt, please reference the Classification and Compensation Fair Labor Standards Act page. If the dual employment is with another Texas A&M System Member, the employee will initiate the process by informing their manager they are considering a second job and with the assistance of both HR Contacts/ Liaisons, completes the Dual Employment Comment Template. To put an employee in more than one position in Workday, the hiring department would create a position, obtain Hiring Authorization, if applicable, and fill the position using the Recruiting Process. The "Additional Job" would be triggered in the final step of the recruiting process. A Criminal Background Check Request Form will be required for all staff and temporary/casual additional jobs. Students and Graduate Assistants may have a different hiring process. No employee may begin work until the "Add Job" business process has been successfully completed in Workday.
If the dual employment is with another State of Texas agency (and not a Texas A&M System Member), the employee will initiate the process by informing their manager they are considering a second job and with the assistance of both HR Contacts/Liaisons, completes the Dual Employment Agreement Form. The department will need to route the Dual Employment Agreement Form to all parties. If this is a staff or student worker position, the Dual Employment Agreement Form will route to the Classification and Compensation Office for review and analysis on whether the hours worked in multiple positions may be combined under the Fair Labor Standards Act for overtime. The Classification and Compensation Office will keep an electronic record of this document.
NOTE: Please review the External Employment section below if the employee is a staff member involved in a dual employment situation with another State of Texas agency or A&M System Member. The External Employment Application and Approval Form will need to be completed along with a Dual Employment Agreement Form or the Dual Employment Comment Template.
Non-exempt employees who accept additional employment with another State of Texas agency within the Texas A&M System qualify for overtime pay unless the employment is occasional and sporadic, solely at the employee's option, AND in a different capacity from that in which the employee regularly engages, as determined by HROE Classification and Compensation.
As departments complete a Hire, Change Job, or Add Additional Job action, they should make sure to follow the guidance listed below on the Overtime Flag Table. The Overtime Flag in Workday can be found on the Job Classification section or Additional Job Classification section. Unless advised by the HROE Classification and Compensation Office, do not set an employee up with the "Exclude - Exclude from Overtime" flag.
As a reminder, non-exempt employees are eligible for overtime under the Fair Labor Standards Act (FLSA). Federal overtime is calculated at 1½ times the regular or standard rate of pay.
- Note: If the employee is in an exempt title (staff or research), but is paid below the FLSA Minimum Salary for Exemption ($35,568 annually or $684 per week) this will make them non-exempt and eligible for overtime.
- Example: An Administrative Coordinator I who is part time 50% FTE and makes below $35,568 would be non-exempt and eligible for overtime.
If Classification and Compensation decides the employee's role is occasional and sporadic, they will be listed in Workday with the "Exclude – Exclude from Overtime" flag.
Exclude – Exclude from Overtime Flag
If an employee is set up with the "Exclude – Exclude from Overtime Flag", the employee is not eligible for overtime in Workday, but likely should be if they are non-exempt or hold a second job that doesn't meet the criteria for occasional and sporadic work in a substantially different capacity. If the employee has multiple jobs, the hours are not combined for overtime and they may have overtime owed from prior pay periods.
Example: John Smith is a Program Aide with Department X and a Student Worker in Department Y. John's Student Worker position is set up with the "Exclude – Exclude from Overtime" flag. John is receiving overtime in his Program Aide role, but not his Student Worker role because of the exclude from overtime flag. John's hours in both the Student Worker and Program Aide role are not combined, when they should be for dual employment purposes.
Include – Include in Overtime Flag
If an employee is set up with the "Include – Include in Overtime Flag", the employee is eligible for overtime in Workday. If the employee has multiple jobs that are non-exempt, the hours are combining for overtime.
Exclude from Overtime Flag
- Graduate Assistant Research
- Graduate Assistant Teaching
- Graduate Assistant Lecturer
- Graduate Hall Director
- Resident Advisor
- Exempt Staff*
- Event Worker
- Faculty
- Task Worker
- Temporary Camp Worker
- Research*
Include in Overtime Flag
- Student Worker
- Graduate Assistant – Non Teaching
- Program Aide
- Non-Exempt Staff
The Classification and Compensation Office reviews dual employment for staff and student worker positions to ascertain whether the hours worked in multiple positions may be combined under the Fair Labor Standards Act for overtime.
For Faculty, Research, or Graduate Assistant dual employment, please contact:
The definition of External Employment is any work, advice or service for which a system employee receives compensation, services, goods, or any other item of value. Employment by another member or by an entity outside the system is external employment for purposes of this regulation. The term includes, but is not limited to, any fee-for-service or equivalent relationship with a third party, employment by an individual, self-employment, or employment by an entity in which the employee is a principal owner. In addition, the provision of certain types of scholarly or research expertise to foreign entities without compensation constitutes “external employment” for purposes of this regulation. These types include, but are not limited to, participation in scholarly or scientific research projects or publications required to be disclosed to any agency of the U.S. government, as well as communication of any information subject to export control, publication restriction or confidentiality agreement. The regulation mentioned in the definition is System Regulation 31.05.02, External Employment.
If a staff or faculty member is involved in a dual employment situation with another State of Texas agency or A&M System Member, the employee must complete the External Employment Application and Agreement Form. Staff members must complete the appropriate dual employment document mentioned in the above Dual Employment Process section. Students workers, graduate assistants, and temporary/casual employees do NOT have to complete the External Employment Application and Approval Form. If the staff or faculty member works at Texas A&M University and is taking on employment outside a State of Texas agency or A&M System Member, they must complete the External Employment Application and Agreement Form only.
The External Employment Application and Approval Form will be maintained within the TAMU department and does not need to be routed to the appropriate Human Resources unit. External Employment requests will not be granted for a period longer than one year. All authorizations, regardless of length, will terminate on August 31 of the current fiscal year. All faculty and nonfaculty employees must reapply for authorization each fiscal year, defined as September 1 – August 31. For questions on the External Employment Application and Approval Form, contact Employee Relations at Employee-Relations@tamu.edu for staff and the Dean of Faculties office at dof@tamu.edu for faculty.
The guidance provided is for Staff, Temporary/Casual and Student employee type for Texas A&M University. The request for extra compensation will be submitted to the appropriate Human Resources unit for review PRIOR to services being performed.
To register for TrainTraq courses, visit TrainTraq in your Single Sign On (SSO) menu:
- TrainTraq Course: 211169 Fair Labor Standards Act (FLSA) Working Hours Training
- TrainTraq Course: 2113632 Paying Employees in Workday
- TrainTraq Course: 2112755 Comp Time Issues for Employees
- TrainTraq Course: 2112756 Comp Time Issues for Supervisors
- System Regulation 31.01.02: Fair Labor Standards
- System Regulation 31.01.09 Overtime
- System Regulation 31.05.02: External Employment
- System Regulation 33.99.05: Part-Time Employment
- System Regulation 33.99.06: Administration of Multiple Employment
- Standard Administrative Procedure 31.01.99.M0.02: Supplemental Compensation and Dual Employment
- Dual Employment Agreement Form
- Dual Employment Comment Template
- Dual Employment FAQs
- Fair Labor Standards Act (FLSA)
- Fair Labor Standards Act (FLSA) FAQs
- Criminal Background Check Request
- Overtime Calculation in Workday
- Time Tracking, Overtime, and Payroll Resources
- External Employment Application and Agreement Form