Exempt Employee Punching Time Clock

One who has.

Exempt employee punching time clock.

There are a number of reasons why an employer might want to require exempt employees to punch a time clock in the same way that non exempt employees are required to do so. The unfortunate part is that these employers were my clients because they were being sued in wage and hour cases in which exempt employees claimed they were misclassified as exempt and the fact that they were required to punch in and out on a time clock provided them with an argument in favor of a finding that they were indeed misclassified. Failing to implement time clock rules for hourly employees as well as non exempt salaried employees is not an option for employers. Now my employer is requiring all the salaried exempt employees to use the time clock.

The old management vs labor stigma is alive and well even in our current times. Use of a time clock does not make a job nonexempt. As long as an exempt salaried employee works any hours during a work period they are entitled to their full amount of base pay. This alone precludes the use of time clocks for salaried employees.

Why your boss makes you punch a time clock it may be that he can t trust you but not in the way you think. This is understandable as historically the time clock has created a separation in companies that is undeniable. This is why many employers don t require salaried employees to clock in or track their time. If an employee works the entire workday and also works at home in the evening it s not feasible for him to punch a time clock.

Employers may require exempt employees to clock in and out for lunch periods and at the beginning and end of their work day. Pavneet uppal fisher phillips non exempt employees must be paid overtime for all hours worked in excess of 40. Many times hourly employees may have a jaded view towards their salaried teammates. Despite the fact that exempt employees are not accustomed to clocking in and out employers can require they do so to monitor hours worked.

The federal fair labor standards act flsa and numerous other state laws require employers to keep records of all non exempt employees hours worked. It kind of surprises me that you re not a salaried exempt employee i e. This means that if one department with exempt employees uses a time clock for problems with attendance and tardiness it must require the same in other departments even if attendance is not an issue. A job s exemption from the fair labor standards act flsa is based on a number of criteria such as job.

Requiring non exempt employees to work off the clock without pay is unlawful.