Potential Problem

scottorr · July 2003

Let me start out by saying that 90% of our ee are classified as exempt and not qualified for overtime pay. We have one Director who arrives every day at 8:00am and leaves right at 5:00pm. The problem is that all of her ees usually work from 8:00am to 6:30pm at a minimum. Recently two of her ees came to me to complain stating that this Director was giving so much work that they felt they had to stay until at least 6:30 everyday just to stay on top. They wanted to know why their Director didn't have enough work to stay until 6:30 but they did. I told them that I would look into and get back to them in two weeks. Have any of you had to deal with a similar situation? How would you handle this? I am concerned that if we tell the Director that we are tracking her time, this might violate FLSA regulations.

Theresa Gegen TX · July 2003

How can 90% of your employees be exempt??? That throws up a red flag. Even at a lawfirm, filled with attorneys, there are plently of non-exempt staff people. You would find the same at a doctors' office. Unless you have a very odd business, you are probably violating the FLSA in regard to the employees who work for the director. I think you really need to look closely at that issue.

As far as dealing with the director, rather than monitor her time, why don't you meet with her and let her know that she is expected to stay and supervise her staff. She should not go home until they do. That way, she may find out that a lot of the tasks do not need to get done.

Good Luck!!

scottorr · July 2003

Our company is a high tech company and we only hire professional level ees. We have no entry lelvel ees. We have over 300 ees and about 30 support staff. The support staff are non-exempt. We have been audited by the DOL and job classification were all fine.

I liked your idea about having her stay to supervise her staff. Thanks.

CAL · July 2003

We have a policy that non-exempts are not to work unsupervised overtime, but we have no such policy for exempt employees. It is expected that most of our exempts are self-directed and capable of making decisions about whether or not their workload requires them to put in overtime. However, if an employee is putting in habitual overtime, it becomes a question of whether the employee is overworked or unable to manage their time efficiently.

Just to play devil's advocate, I'm wondering if anyone has ever expressed to these ees that they are expected to work the overtime? Or is it something that has been done, because they assumed it was necessary? Maybe it's simply a matter of no one communicating to the Director that they feel the workload is too heavy for the staff headcount as is. A Director is typically the supervisory individual who delegates responsibility to staff, not the other way around. On the other hand, if the Director has issued a mandate that "no one leaves until the work gets done" and then leaves her/himself, that would be a leadership issue that should be dealt with from a performance perspective, IMHO.

LindaS · July 2003

I agree with Cal in addressing it from a performance perspective. Take a look at what the director does, and what he/she delegates to their employees. If the employees are complaining that too much work is being "dumped" on their shoulders, investigate that issue to determine its accuracy. Take all this from a performance standpoint and not one of the amount of hours worked.

scottorr · July 2003

These ee were never mandated to stay but choose to do so. I think you guys are right, this may be a performance issue or maybe we need to add another staff person. It is great being able to give and get others perspectives.

Don D · July 2003

I like Theresa's idea and would say that the director is expected to supervise her staff regardless of their FLSA status. Tell her on any given day, typically the company expects a supervisor to be on duty while direct reports are at work. Regardless of whether or not you are following the law, the immediate problem is discontent among the ranks with a supervisor ducking out early, day after day. People don't tend to dismiss that sort of thing by analyzing the exemption status' of people. They tend to analyze it by thinking, "Damn, I work till 6:30 and my boss leaves at 5:00."

Rockie · July 2003

If the perception/reality is that the director is dumping work on her employees in order to leave early,then there is a problem with performance of the director.

But....also, take a look at time utilization. Some people work when they are at work and others diddle around, socializing, taking coffee and smoke breaks and then have to put in extra time to get their work done. Generally, though, you find this as a mind set of hourly paid workers, not salaried people.

I would just have a serious talk with this supervisor, outline the issues and ask why she feels she can walk out the door every day at 5PM while the rest of her staff is slogging away until 6:30. These seem to be pretty long hours to work habitually - maybe (discounting the supervisor) the staff is overworked and needs some more staff assistance. If it is an issue of where the supervisor needs to pitch in and help vs. hiring another employee,then the supervisor needs to be told this also.

WT · July 2003

Actually, there are a number of issues wrapped up together here. First, does your Director work in the evening hours. For example, many people work on projects from home, carry lap top computers home, make phone calls, or do such things as dinner meetings with clients or travel for the employer. Many high level employees also work on weekends. Sometime lower level employees are not aware of those extra hours. If this is not the case, some people have an attitude that they are 8 to 5 and that is it. If you want more from your workers or if the company requires more, an 8 to 5 person will not fit in and will have to change or leave employment. This is not a question of counting hours but more a question of staying until the work is done. The supervisor must set an example in this and not expect more of their staff than they are willing to give themselves. If the matter is not brought to a head, it will be increasingly difficult to hold up the standard for the other staff members. It goes without saying that a company with that sort of expectations must provide good compensation or when economic times improve, there will be a considerable amount of turnover in the staff.

scottorr · July 2003

[font size="1" color="#FF0000"]LAST EDITED ON 07-02-03 AT 02:13PM (CST)[/font][p]The perception was that the ees felt that the Director was dumping work on them. The Director, says that her group tends to talk alot during the day so they need to stay late so that they can finish their jobs. She said she didn't have a problem with this as long as the work got done. I suggested to her to help with the ee relations issue, that maybe she should stay later once in a while to ease some of the tension and to let them feel like they are a team.

Whatever · July 2003

Are the ees who talk alot during the day getting a lot of overtime for staying late?

turbo · July 2003

I think one basic thing has been missed here; employees are consistently working 10.5 hour days. The Director is working in the office 9 hours. If the employees are required to stay 'until they get their work done' WOW..who could ever leave under those orders! Is it everything ever done? Employees maybe staying out of peer pressure, corporate pressure, wasted time during the day on other 'non-deadline projects' or because they have 'nothing better to go home to'. They should be encouraged to have a balanced life putin their time each day and leave, when needed and stay to cover emergencies or special project needs - but not on a regular basis. Maybe give a seminar on effective time usage, and prioritizing projects to get it all done. You will have a better and more productive employee basse in the long run.

It sounds like the company maybe cutting corners at the expense of the employees' time - as exempt employees. This unfortunately has become the norm in far too many offices. Does the director work outside of the office? Probably, whether it is through email, voicemail or through her reading material in the morning or evenings - that is work-related. Is that her employees' business? No. Do the employees work outside the office? Maybe, maybe not - depends on their responsibilities. Is it noted? Should it be ..if everyone is 'keeping track'?

If you want to require your Director to stay at work to cover ('supervise')all direct reports - you have established an unrealistic expectation. What if direct reports of the supervisor are on 24-7 on-call - as many technical positions are? In my office some start at 6 am and leave at 3 pm others work from 9 am to 6 pm. Where does it stop? Bring in more workers so that everyone can, and is encouraged to, leave after 8 or 8.5 hours and attempt to shift the corporate culture, or bring in an additonal supervisor to baby-sit exempt employees who choose to stay at work. If they must be watched.

If I were this director and was given no other option but to stay until all others have gone and to also get the work done, then I would be cracking the whip early in the day, riding them hard and ringing the bell at the end of the day to 'move'm out.' Not a desirable work environment for the director, the employees or the company.

Hire more help, or hire help who understands how to get the job done and to go home at the end of the day and stop whining about others who can get the job done and worry about themselves.

just my 2 cents worth

Potential Problem

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