Salaried but punches a clock

turbo

My CEO has hired a graphic designer yesterday. He told me she is going to punch a clock - but is also salaried. The previous graphic designer was paid hourly and punched a clock and had OT several weeks of the year.

This position as I see it could be considered exempt - except she is now being asked to punch a clock (because they want to watch her hours - I am sure). Most employees here are hourly and the few that are salaried do not punch a clock - but are constantly reminded of fact a clock exists.

I have advised him that she will be salaried but non-exempt since she is being asked to punch a clock, and otherwise - supervises non one and I don't think qualifies under any of the exempt descriptions.

If she is to be exempt and punch a clock - then she is to be paid the same regardless of the hours she works - correct?

I am correct is telling him she should be non-emempt..correct?

turbo

Wanted to add a little more information to this....for those of you who have been keeping up..I am still here...just passed my real estate licensing exam...so I hope to be on my way in about 45 days..and away from this mess I can't influence to fix.

any way....

the CEO responded to my recommendation the graphic designer be salaried non-exempt so she would be eligible for OT - he guessed that was okay...he wanted to keep track of her hours worked for evaluation and bonus time to make sure she got credit for the time she was going to put in...well this company doesn't have a bonus structure...and she would be the only exempt punching a clock??

If you recall the saga of me one ..exempt employee who is having her every hour watched by someone...who is not reporting accurately...hasn't ever been evaluated in the 14 months here, nor been given credit for all time spent here or at home working over 40 hours....no bonus etc.

any way....shouldn't all exempts be asked to punch a clock and not just one? Correct?

I was nearly denied a vacation day last week (earned) because the CEO thought I had spent too much time taking my daughter to the orthodontist...once a month to every 6 weeks for 1.5 hours maybe...by the time I pick her up take her and return her to school....we don't earn sick leave as exempt here..so there is no FLMA time against those appointments..because they don't track FMLA for anyone else's apppointments on or off the clock...plus I don't have sick leave to take and exhaust....

So what to do about only one salaried non-exempt punching the clock? okay since she is the only salary non-exempt?

Shadowfax

I think you are correct: this is a non-exempt position. As a non-exempt position, you will pay o/t when this person s time goes over 40 hours. Yes, you may keep track of thime for exempts, and I have been burned enough times to know that some method of tracking time is essential, if only to defend youself at a later time. But, if you are keepiong time on an exempt ee, then you cannot adjust kpay and benefits, nor suspend, nor dock for part day absences etc. However, the position you describe is, I believe, a nan-exempt postion and you will have to apy o/t accordingly. As it stands, the o/t will be a function of the 'salary' your boss presumably described to the ee.

Cheryl S SPHR

I agree that a graphic designer should be non-exempt. Don't confuse salaried with exempt. We have many salaried, non-exempts who get OT for anything over 40 hours in a week.

The salaried part relates to the fact that we pay them a set monthly salary -- which comes out to 4 or 5 weeks depending on payroll cutoff dates.

turbo

thanks for your insight. I am not confusing salaried with exempt - but my CEO and payroll administrator (company controller) is...this will be the only salaried non-exempt position the company has - so she can punch a clock and should be paid OT - they weren't planning on the non-extempt part of it when they offered the job...they think salaried means exempt from OT...even though I have gone over and over this..they also think exempt means they can watch the clock and keep track of others exempts' hours 'informally' and threaten them with discipline and with their job when they take a sick day or go to a Dr. appointment because they claim the employee isn't putting in their time and "living up to their end of the agreement of employment" we don't have agreements or contracts of employment here...we are in Texas..this company doesn't track FMLA for simple regular Dr. Appoints for any other employees....I guess they just decided to track just me....

my eyes have been bothering me...haven't been to the eye dr. in 12 years...made an appointment..latest one I could get...2:30 p.m. I went yesterday and got out at 4 p.m....my work day ends at 3:30 p.m. to I did not return to work....well had to get an ear's worth about taking so much time away from work - I left at 2:10 p.m to arrive at appointment on time. so I missed 1 hour and 20 mintues of work

I've been here 15 months and have taken 3 sick days (we don't earn time in salary category here), and 3 paid vacation days...I just need to get out..I guess....the problem is I work from 7 a.m. to 3:30 p.m. each day and take no breaks or lunch so I can leave at 3:30 to get my kids from school....agreed upon in order for me to be able to the take the job at the lower pay offer because I couldn't afford to hire someone get my kids...was laid off and needed a job

the CEO works on the phone from home until about noon or so each day..calling me all morning. with busy work and when or if he comes in it is about 1:30 or 3 p.m....so he rarely seems me when he is here..if he works..it is 2 or 3 to 6 or 7 I guess??? so he perceives that I am not at work I guess? and I have someone telling him that I am not in my office or not at work during the day or in the morning when he is not here..which is an absolute lie..(it is the controller - she hasn't liked me since I was hired...since I took over some of her duties)....when I actually am here and don't leave the property at all during the day unless on business errands for the company to the post office or office max..both 2 blocks away! I guess I am just frustrated.....things aren't going to get better.