clocking in and out for exempt employee

shashimoto

We have a salary exempt employee that is now required to email upper management when he comes in and again when he leaves. Also email what he did during that day. Does anyone see a problem with this? This seems as if he is clocking in and out. My undersatanding is that the company is not allowed to place an exempt employee on a clock. Upper Management want to make sure that this employee is putting in at least 40 hours a week.

ray a

All our exempt ee's below the director level punch the time clock. Reason being, they receive additional straight time pay for all hours worked in excess of 44 per week. They punch so we can pay the additional compensation accurately. It is legal for exempts to punch as long as you don't violate compensation laws for exempt ee's, such docking their pay.

Hatchetman

DOL under FLSA regulations doesn't prohibit requiring an exempt salaired emplyee fromclocking in and out There may be reasons for doing it, such as for billing or for disicplinary control

The problem comes if the emplyer attempts to base the weekly salary on the clocking in and out. Then that could lose the exempt status for the week or even permanently. Also, while there is no requirement that there be a reason for having an exmept salaried employee clock in and out, the appearance of it being done when coupled with any other violation of the salary requirements for exempt status of the position, could result in DOL concluding that the employer was in fact treating the position as non-exempt from when the clock practice began.


What are thye doing with other exempt emplyees to sure that those indviduals put in 40 hours per week? And what will the company do itf the emplyee doesn't put in 40 hours per week,or even worse, doesn't put in 40 hours in a week, but still completes all the required work in a timely manner?

shashimoto

This is the only exempt employee that has to do this. I am worried that this will look like discrimination. There is one exempt employee that is allowed to come in late on two days out of the week to attend personal issues that does not involve the company and need not to make up time or report on a daily basis. The employee that is clocking in and out is having his worked done on time and the only problem is that he takes a half hour more lunch break then he should. Therefore, the company is trying to find a way to let him go without any legal issues. As a Human Resource Manager I don't want to just sit back know that this is going on What should I do? He has come to me for advice because he feels like upper management wants him out.

Don D

The first thing you should do is not let him put you in the middle of this. You work for the company and for upper management, and can't be his advocate in this instance. If you get caught in the middle of this scenario and are advising him and appear to be taking his side, it may be you, not him, who upper management terminates. If they have made a decision that something about his behavior is unacceptable to them, let them run with that. It's their decision. It doesn't violate any law, or it appears not to on the surface. If he is operating outside the paramaters they've set for him, they have a right to rein him in or take other options.