Dual Employment
Service Audience:
- New Employee
- Current Employee
- Supervisor
- Faculty
All candidates and employees must report any actual or potential dual employment appointments to their direct reports to. An employee is considered dual employed when they hold positions with the University of Texas at Arlington (UTA) and another State of Texas Agency. Any employee, whether exempt or non-exempt under the provisions of the Fair Labor Standards Act (FLSA), may accept a secondary position with another department, unit, office, other components of the University of Texas System (UTS), or another State of Texas Agency.
Non-exempt employees, who are subject to FLSA overtime provisions, should avoid having multiple positions at State of Texas Agencies. If a nonexempt employee works more than 40 hours in a workweek in a multiple employment situation, payment must be made at the time and one-half rate. The appropriate Legal Affairs and Payroll representatives will review the dual employment requests to ascertain whether the hours worked in multiple positions may be combined under the FLSA.
Employees exempt from the overtime provisions of the FLSA may hold positions at two or more UT System institutions for up to 50 hours (125% appointment) in a workweek. If the total hours appointed at the UT System institutions exceed 50, the appropriate personnel shall review and approve the appointments.
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.
This is different than simply holding two positions, where only one is for the State of Texas. To report a second, non-State position, visit the Outside Activity Portal or the Compliance Office.
Any employee who is considering additional employment with another State of Texas Agency must inform their direct reports to immediately. Once notified, the employee and an appropriate department representative must complete the Dual Employment Agreement Form. You will need to complete the details for the UTA Position and details for the Other Agency Position. Once completed and signed by both the employee and the appropriate department representative, the form will need to be submitted to the Office of Talent, Culture, and Engagement Records & Data Services department, hrrecords@uta.edu. Employee Record Services will coordinate with the other employer to obtain their signature for the form. The Office of Talent, Culture, and Engagement will keep an electronic record of this document and will provide the department with the final copy. In case of situations where overtime payments must be made, The Office of Legal Affairs and Payroll will coordinate with the other agency to make payments to the employee.
Non-exempt employees should avoid dual employment situations if possible.
As departments complete a Hire or Rehire eForm, they should make sure to follow any guidance provided from the Office of Talent, Culture, and Engagement, specifically Compensation when filling out the CCR.
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 the Office of Talent, Culture, and Engagement Compensation department decides the employee's role is occasional and sporadic, they will make recommendations as to the job code used in the position request eForm.
If an employee is set up as non-exempt, the employee is eligible for overtime in UT Share. If the employee has multiple jobs that are non-exempt, the hours are combined for overtime.
Exclude from Overtime
- Graduate Assistant Research
- Graduate Assistant Teaching
- Resident Advisor
- Graduate Assistant Lecturer
- Exempt Staff
- Event Worker
- Faculty
- Temporary Camp Worker
- Research
Include in Overtime
- Student Worker
- Graduate Assistant – Non-Teaching
- Non-Exempt Staff
The Dual Employment Agreement Form will be maintained within the UTA Office of Talent, Culture, and Engagement, and does not need to be renewed each year.
Outside activities 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 employees must reapply for authorization each fiscal year, defined as September 1 - August 31.
Records & Data Services
J.D. Wetsel Service Center
1225 W. Mitchell St.,
Suite 212, Box 19176
Arlington, TX 76019
Phone: 817-272-5554 - Fax: 817-272-7288
hrrecords@uta.edu