Can an exempt ee be forced to pick between clocking in and out or

Dorothy

having to work hourly at a lower wage?

njjel

An exempt employee should not be required to clock in and out. An exempt employee is paid the same amount regardless of the number of hours worked. An hourly employee is paid by the hour, thus the need/requirement for clocking in and out. Under the eyes of an auditor you would probably be questioned about exempts clocking in and out as it makes them look like they are being treated like hourly employees and therefore subject to payment for over time hours.

moneyman

[font size="1" color="#FF0000"]LAST EDITED ON 06-19-02 AT 07:50AM (CST)[/font][p]If you are asking if an exempt employee can be treated as an hourly non-exempt, then I would say yes you can at YOUR discretion. If YOU OFFER the job to the employee at a lower hourly rate, require them to clock in, then you would reclassify them as non-exempt and they would become subject to overtime rules. You just can't make it go the other way, take a non-exempt classification and make it exempt at your choice. (As always, state regulations may differ).