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Is it legal to track the work hours of exempt employees by requiring them to clock in and out?
Wiki User
∙ 16y ago
Yes. In a March 10, 2006, opinion letter (FLSA 2006-6), the Department of Labor (DOL) confirmed that an employer can require exempt employees to record hours worked without jeopardizing their exempt status. "As the preamble to the final rule explains, an employer may require an exempt employee to do things such as to record and track hours and to work a specified schedule without affecting the employee's exempt status," the DOL stated. Some management staff and employees may be challenged by this fact; however, there are legitimate business reasons for holding employees accountable to such a requirement. For example, when there are billable hours or an employer desires to simply track hours worked for performance and attendance purposes, it is the employer's business prerogative to do so. The employer may define the work hours and hold the employee accountable to the specified schedule without affecting the exempt status under the Fair Labor Standards Act. Often, employers will establish core hours as a measure of flexible scheduling. The best practice for employers is to have a written policy to notify employees of any established requirements. The written policy would state the requirement, in this instance, to record and track hours as well as the method for recording hours. In addition, employers may implement a policy outlining work hours, the need to comply with recognized schedules and the ramifications of noncompliance.
Wiki User
∙ 16y ago
Wiki User
∙ 13y agoCertainly. Employers can do anything which is not prohibited by law.
While I can TRACK exempt time - and use it as evidence to discipline for attendance problems - I must pay exempt employees for full days: pay for the day or do not, no part days or hourly deductions.
Wiki User
∙ 14y agoyes -- they may need records of how long and on what days you worked. they would use this for benefits and tax records, most likely.
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What is an exempt and non exempt employee?
Exempt employees are 'exempt' from federal overtime rules and regulations, based on specific qualifications put forth by FLSA rules. (Executives, professionals, etc.) Non-Exempt employees are paid by the hour, and are subject to federal overtime rules (time and a half, for all hours worked over 40 in a pay week.) All hourly employees are non-exempt, all exempt employees are salaried, but not all salaried employees are exempt. Salaried employees must pass specific FLSA criteria to be categorized as 'Exempt', and therefore exempt from overtime rules.
What is weekly time card?
A clock card. Used by employees to clock in and out of work. The card records the employees weekly working hours.
What is the difference between exempt and nonexempt?
Usually, exempt employees cannot be paid extra for working more than the alloted number of hours expected. Non-exempt employees are generally paid for extra hours worked over those in their original employment agreement.
How can Dollar General work their managers 45-48 hours a week and pay them for 40hours?
Employees on a yearly salary are exempt from overtime laws.
If you are a salaried non-exempt employee can your employer deduct partial days from your pay?
AnswerA non-exempt employee is an hourly paid employee. Therefore, he is paid according to the time he works; no more, no less. An exempt employee is a salaried employee who gets paid the same amount regardless of how much he might go over 40 hours in a week. As for if the exempt employee gets paid for taking off half a day, it depends on the wage and hour laws of the state. ************The information stated above is correct, however, it does not answer the specific question being asked. The above question is asking about a SALARIED NON-EXEMPT employee and not a SALARIED EXEMPT employee. There is a difference.Dealing only with non-exempt employees, yes, generally a non-exempt employee is an hourly paid employee who is paid for the actual hours they work. There can also be SALARIED FOR FIXED HOURS non-exempt employees and SALARIED FOR PARTIAL HOURS non-exempt employees. These positions are paid a set amount per week, with anything over 40 hours being paid time and a half. e.g. If they work 35 hours in a week they still get the full salary amount. If they work 42 hours in a week they get the full salary amount plus two hours overtime. The Department of Labor has a lot of information on these positions.If you are a salaried non-exempt employee, I do not believe your employer can deduct for partial days worked. If you miss work because of sickness, leave of absence or can't make it in, then a full day deduction may apply.
I am on salary but work 45 hours a week should you get paid overtime?
Per Federal Law, you need to understand the definitions used for pay. Non-exempt is usually an hourly employee and Exempt is usually a salaried employee. Some salaried employees are non-exept. Their salary is based on a 40 hour or pre-determined number of hours a week. If they work more than their determined number of hours per week, they get overtime pay. Exempt employees are exempt from the overtime laws. You are paid a salary per pay period no matter how many hours over 40 you work. You can work 40 hours or 90 hours and you will get the same pay either way. Non-exempt employees are not exempted from the overtime laws. If a non-exempt employee works more than 40 hours per week, they are required to receive overtime pay. One thing to remember is that overtime is only used for hours actually worked in excess of 40 hours per week. If you get 2 day of holiday pay (Christmas usually), those 16 hours of pay do not count for overtime purposes. You would have to work more than 40 hours in the days that you did not have off.
Unpaid time off for exempt employees?
Exempt employees are typically paid a fixed salary regardless of the number of hours worked, so taking unpaid time off may not affect their salary. However, employers may have policies in place for reporting and tracking unpaid time off for exempt employees to ensure proper record-keeping and compliance with labor laws. It's important to consult with HR or review company policies to understand how unpaid time off is managed for exempt employees.
What jobs still require an employee to clock in and out?
Many companies require their hourly employees to use a time clock to record their hours worked. Some of these companies are movie theaters, restaurants, and hospitals.
Is employee due overtime payment for doctors appointment at employers request?
If an employer compels you to go to the doctor during paid work hours, it is paid time. If hours exceed 40 in a workweek, non-exempt employees get overtime.
Can an employer legally by requiring its employees to work extra hours without compensation to make up for the hours lost on the holiday?
Weather or not it is fair is up to you. They can make you work longer hours to compensate for hours you have missed at work, but the only punishment they can employ for treason to their rule is firing you.
Can you be short paid if you are a salaried employee and are fired?
Salaried employees who are exempt from the federal overtime law, must be paid for every DAY worked, not docked for hours missed, just days not worked.
Historically your company has guaranteed salaried non-exempt employees 40 hrours per week whether they worked 40 hours or did not Can I reduce their working hours to 38 weekly and pay them only for 38?
Yes, the hours can be reduced. As long as the salary isn't reduced. The company only promises a 40-hour salary, not 40 hours.
