Exempt Employee Punching Time Clock

The federal fair labor standards act flsa and numerous other state laws require employers to keep records of all non exempt employees hours worked.

Exempt employee punching time clock.

Many times hourly employees may have a jaded view towards their salaried teammates. Pavneet uppal fisher phillips non exempt employees must be paid overtime for all hours worked in excess of 40. Failing to implement time clock rules for hourly employees as well as non exempt salaried employees is not an option for employers. 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.

Now my employer is requiring all the salaried exempt employees to use the time clock. This alone precludes the use of time clocks for salaried employees. It kind of surprises me that you re not a salaried exempt employee i e. This is why many employers don t require salaried employees to clock in or track their time.

Despite the fact that exempt employees are not accustomed to clocking in and out employers can require they do so to monitor hours worked. Use of a time clock does not make a job nonexempt. My understanding is that when you punch a timecard you become an hourly employee. 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.

Wondering why they are the only ones who are punching the 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. This is understandable as historically the time clock has created a separation in companies that is undeniable. Requiring non exempt employees to work off the clock without pay is unlawful.

A job s exemption from the fair labor standards act flsa is based on a number of criteria such as job. The old management vs labor stigma is alive and well even in our current times. Employers may require exempt employees to clock in and out for lunch periods and at the beginning and end of their work day. 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.

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