Dual Employment FAQs
OHR Home Page   jobs.sc.gov   Hot Topics Career Opportunities Employee Services Employer Services Training & Development Statistical Info How to Contact Us OHR Webmail Other Agencies State Employees Weather Alert Workforce Planning Sam Wilkins, Director 1201 Main Street Suite 800 Columbia, SC 29201 Phone: (803) 737-0900		References SC Code of Laws § 8-11-230 (6) and § 8-11-170 State HR Regulations Section 19-713 Q: What is dual employment? A: Dual employment occurs when an employee in a full-time equivalent (FTE) position accepts additional temporary, part-time employment with the same or another State agency. Q: Can an employee receive dual employment compensation for performing the same duties? A: If an employee works in a dual employment arrangement by two different agencies, he may be paid additional compensation to perform the same duties. If an employee works in a dual employment arrangement within the same agency, he can receive dual employment compensation if the services constitute independent, additional job duties from those of the employee’s primary duties within the agency. Q: Who approves dual employment? A: The agency heads or their designees of both the employing and requesting agencies are responsible for approving dual employment requests. Q: Can agency heads be worked in a dual employment arrangement? A: Dual employment for Agency Heads covered by the Agency Head Salary Commission must be approved by the Agency Head Salary Commission and the Budget and Control Board. Compensation and FLSA Q: Who determines the rate of pay and when the employee receives payment in a dual employment situation? A: The secondary agency determines the rate of pay. An employee must receive payment within 45 days of the date of approval. Q: Is there a maximum salary that can be earned while working in a dual employment arrangement? A: The maximum compensation that an employee is authorized to receive for dual employment in a fiscal year cannot exceed 30% of the employee’s annualized salary, unless prior approval has been received from the Office of Human Resources. Q: Does work in a dual employment arrangement affect an employee’s exemption status under FLSA? A: In a dual employment arrangement, an employee’s exemption status under FLSA could be affected. Consult with the Department of Labor’s regulations on overtime compensation. Academic Employee Q: Is additional work outside an academic employee’s base period of employment considered to be dual employment? A: An academic employee who works outside his base period of employment is not considered to be working in a dual employment arrangement but is instead considered to be on summer employment. Institutions of higher learning should develop policies and procedures for governing summer employment practices.

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.