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Oakley00
08-08-2006, 08:25 PM
I just have a quick question regarding salaried employees being required to clock in and out. I recently worked for an employer who required all employees, regardless of whether they were paid hourly or salary, to clock in and out. Hourly employees were compensated for overtime hours, however salaried employees received no additional compensation for additional hours. Is this legal?

Thanks for you help.

robb71
08-08-2006, 08:42 PM
Under FLSA you are either exempt or non-exempt. This determines if you are eligible to receive overtime (non-exempt) or not (exempt).

http://www.dol.gov/elaws/esa/flsa/screen75.asp

Hourly and salary are merely pay methods.

It is legal to require all employees to clock in via a timeclock, regardless of FLSA classification. For an exempt worker, the employer is most likely mandating this as a way to track attendance and PTO. And before you ask, exempt workers do not receive additional compensation for overtime worked. In your post, I'll assume that you meant exempt when mentioning salary workers.
Provided the FLSA classifications are correct, I do not see anything illegal with the way that time collection or pay was handled at your job.

Oakley00
08-08-2006, 08:46 PM
Thanks for the information. Although it was not the answer I wanted. I am glad I can now put to rest the rumors of my former co-workers, as well as educating myself.

Thanks again.

robb71
08-08-2006, 08:50 PM
Glad to be of service! :)

cbg
08-09-2006, 10:27 AM
Just for the record, a number of employers require exempt employees to clock in and out for safety reasons. It gives them an immediate way of knowing who is and is not in the building in case of fire, etc.

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