Salaried Employees (Working the Hrs. to get the job Done)

System

I had an executive ask me last week if I could draft a statement up for his Salaried employees which basically stated that you don't just clock out at 5pm when the business day is over, you work the hours (even if it's over 40) to get the job done!

I was wondering if anyone out there had similar issues with Salaried staff working specific hours, no more/no less, but that should be working more to get the Job Done and how you handled that? FLSA doesn't necessarily chime in on that or at least I haven't found it. Thanks

Keys

ACU Frank

You have to address it on the back end - performance. It's strictly a performance issue. When you address it on the front end - hours worked - you run the risk of losing exempt status.

In other words, you can't punish them for not working extra hours, but you can punish them for not getting the job done.

I have heard labor attys suggest that you shouldn't even recommend to the employee that working later might resolve the performance issue... you should leave it to them to draw that conclusion, lest it be seen as coercion. 10 years ago, I would have said "B.S." and done whatever I felt like anyway. These days I'm older, wiser, and have a larger mortgage, so I'm more careful.

sonny

Are they exempt or non-exempt?.. .that is the issue.

System

I'm sorry, I should have stated that the employees' in question are exempt-salaried employees. Thanks

Keys

allsteaks

I agree with ACU Frank that your issue needs to be performance based, not hours. Is the boss upset because they leave at 5:00 or because their work isn't completed? Perhaps it's a staffing issue, you may have too many people doing too little work! Or the work isn't evenly distributed. Maybe the boss has to work long hours because he won't turn loose of the work that other exempts should be doing. I guess I've seen both scenarios with too much work and not enough time, and too many people doing too little but taking too long to do it.
Don't know if this is any help but I feel better.
Jim

neveradull

I agree with its a performance issue. Here is a draft statement for your onsideration: "Employees in exempt positions are salaried employees who are expected to work the necessary hours to accomplish assigned tasks, which is usually 40 hours per week. These employees do not earn overtime for any hours worked in excess of 40 hours per week.

Dutch2

That is all fine and dandy, but I know of several companies that require their exempt ee's to work well in excess of 40 hours every week. As well as work most every holiday so the company does not have to pay out so much holiday pay. Thankfully where I work now does not do this. I was told by the President/CEO that my official hours were 8-5 Mon - Fri; however, if necessary I would be expected to put in additional time needed to get the job done.

allsteaks

Here's an explanation from the DOL website under exempt employees. 40 hours a week is meaningless and should not be a part of the definition. A job is exempt if it meet the definition. If your CEO wants his people to be accountable for their hours, then pay them by the hour!
"Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work. Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work. If the employer makes deductions from an employee’s predetermined salary, i.e., because of the operating requirements of the business, that employee is not paid on a “salary basis.” If the employee is ready, willing and able to work, deductions may not be made for time when work is not available."
DOL Fact Sheet #17G.

mbeam

Often when there's a problem, people want a policy drafted or changed to address it.

As others pointed out rather than expecting more hours of work would address the issue of job duties not getting done and the impact that has on the business and perhaps co-workers who have to take on additional responsibilities. Would raise the issue with them and have them come back with a plan to solve the problem.

If they don't come back with a plan and the work still isn't getting done, may be a mismatch with their expectations and the companys & time for them to move on.

It's a tougher conversation to have as managers tend to feel more comfortable addressing a violation of company policy as it's more black and white.