Exempt Employees

Good afternoon everyone,

Can anyone provide me with literature on exempt employees working hours. I am having issues with some exempt of not wanting to come in earlier for work (training purposes) and they expect to leave earlier than the closing time. Our hours of operation is from 8:30am-5:30pm. This employee(s) were asked to come in earlier at 8:00am for training purposes and he stated he couldn't until 8:30am. The supervisor then informed him that he could leave at 5:00pm. This is not the norm. That is why I am requesting specific literature on this matter.

Please Help Me!!!:help:


  • 3 Comments sorted by Votes Date Added
  • A good place to start would be to go to [URL="http://www.dol.gov"]www.dol.gov[/URL] and look at the rules governing the FLSA and exempt employees.

    I don't believe there's anything in the law that says you [U]can't[/U] ask your exempt employees to keep to a particular work schedule, but neither is there anything that says that exempt employees can't come in half an hour earlier for training. No, they don't receive overtime for coming in half an hour early, because the overtime rules are one of the things that an exempt employee is exempted from. Nor do you have to allow them to leave half an hour before closing time just because they came in half an hour early. They are guaranteed a certain rate of pay for doing the job, regardless of whether they work six hours or twelve hours a day. I'm oversimplifying here, of course. But asking an exempt employee to be there during the normal business hours of 8:30 - 5:30 shouldn't be a problem, nor should it be cause for alarm on anybody's part if they do occasionally work extra time outside of normal working hours, if they are truly exempt.
  • Technically, per the FSLA you can work an exempt employee 24 hours a day 7 days a week, and all for the same pay. Of course, you state laws may differ a little.

    Exempt employees are paid for a job, rather than their hours. However, if their job duties are tied to your business hours (for instance, they supervise hourly customer service employees who must be there during regular business hours), then you can discipline them for not doing their job properly (rather than their hours). If training must be performed before you open for business, then you can require them to be there. If they have a good reason (especially if it is ADA, FMLA, etc related) you can accommodate them and modify the training if possible. If not, then discipline them for failing to follow instructions. If their job descriptions call for them to keep on top of training, you can handle it that way too.

    Good luck!

  • Thank you all for the helpful information!!
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