exempt employee schedule change

Sally

An exempt employee wants to change her schedule so she can take the bus to work 3 days/week. We have a 35 hour work week (9 to 5 with one hour for lunch). By taking the bus she will still arrive by 9 most mornings, however she will need to leave at 4:30, so her schedule becomes a 33.5 hour week. This is to be a permanent change. She is, according to her supervisor, willing to modify her travel arrangements during peak times--which are not often in her department.
Am I on solid footing in requesting that she either modify her lunch schedule to 30 minutes on those days or we adjust her salary to reflect her adjusted, permanent schedule change?
Part of my concern is setting a precedent for other staff. But I also don't want to fall into a trap of treating her as a non-exempt employee.
What words of advice?

Rockie

You will be setting a precedent...that goes without saying. Others will want to modify their schedules as well. Flex scheduling works best if you have a large number of employees where you can cover all hours that need to be covered.

The difference in the time would be 1.5 hours each week. If she reduced her lunch hour to 1/2 hour each of the three days she is at work, this would cover the "shortage". You could offer her this in lieu of reducing her salary a certain percentage based on less hours worked. I am sure it would be more agreeable for her to shorten her lunch period than to take a pay cut. You would need to monitor this to make sure it happens. The worst thing would be if she continued to take an hour lunch and reduced her hours. Other employees would certainly and rightfully so, take issue with this.

You need to make it plain if she is found doing this, that you will reduce her salary or negate the arrangement.

Good luck!

Brad Forrister

What about the other two days per week? Could she make up the time then?

Of course, if she's truly exempt, she's being paid to do a job, not to be there 35 hours. If she's getting the job done, whether by taking work home or by working part of her lunch hour or just being more efficient, or even by working on the bus (?),...

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

Sally

Unfortunately, because she is the box office manager I don't see how she could take work home or work on the bus. She could spread the adjustment over the five days.
I completely understand that she is being paid to do the job, not simply be here 35 hours a week. [Unfortunately, that is a concept she has difficulty with.] If this were to be a temporary schedule change -- something for a defined period of time -- it would be of less concern.

Shadowfax

Pay her by the hour.

POPEYE

Shadowfax brings up a good point. I would make certain that this position meets the criteria for exempt!!!

Don D

Notwithstanding the common alarm associated with the discussion of set work hours for exempt employees, an employer has every right to establish and enforce core work hour expectations for exempt employees. That includes arrival time and departure time as a practice. It is not true that exemption from the overtime provisions of the Fair Labor Standards Act equals someone being able to assert their priveledge to come and go as they wish. You do not have to give a moment's thought to her carrying work home or pretending to work on the bus. Tell her what the hours are and perhaps adjust them to conform with your overall expectations of when the exempt workforce should be at the workplace. You do have to observe certain 'pay docking' regulations, but you do not have to cave to the whims of reporting and leaving time.


Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

Sally

>
>
>Note: The preceeding is my personal opinion and
>has no value beyond that. Although it may be
>'sorta offensive' or 'indeed offensive' to
>someone out there, it is offered without regard
>to that possibility. Should you find yourself
>alarmed by my post, you may privately mail me to
>protest or you may alert the principal's office.
>x:-)


Sally Pettegrew

Oh my gosh! What have we come to? Don is adding a disclaimer to his responses!