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Salary Non-Exempt asked to falsify time stamps-Missouri

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  • Salary Non-Exempt asked to falsify time stamps-Missouri

    Recently my large MO-based (1000+ employees) employer changed work hours for a select few salaried non-exempt workers from 8-hour shifts to 12-hour shifts to reduce administrative overtime. Although MO law doesn't require it, formerly we were paid 1.5x over 8 hours in a shift, 1.5x for Saturday hours, 2.0x for Sunday hours (in alignment with union hourly workers at the site). Now we are to be paid straight time for the 12-hour shifts up to 40 hours/week. We document our hours worked in ADP.

    The new scheme is that we work 40 hours in a week using a combination of 12-hour shifts and shorter shifts to round to 40. However, the ADP system is still calculating overtime based on the old pay practices, resulting in our receiving hefty overtime pay, which the employer is certain to take back. A supervisor has instructed a coworker (and by extension, me) to enter 8 hours per day in ADP regardless of time worked until they can work this out. Is it legal to ask us to falsify our time worked in this manner?

    On a related note, we are "required" to be at work for a shift handover 30 minutes before shift start, and up to 15 minutes after shift end, but we are expected to not enter those times in ADP, as we are salaried employees. Legal, or unpaid off-clock work?

  • #2
    As long as the employer is keeping an accurate record of the hours you work somewhere, they are in compliance with the law. How they submit the time to the third-party payroll company is not an issue, particularly if the payroll company is having systems problems.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Your employee is responsible for keeping accurate time records. That doesn't mean they can't ask you to clock into payroll a specific way-- As long as they keep accurate records outside of the payroll system, I can understand the need to not overpay you knowing there is an issue that they are trying to fix. I would document back in an email to your supervisor your understanding of what is being asked and why. And as long as they are paying you for all hours worked - you are correct there are no laws that require they pay you daily OT or higher on the weekends.

      Under salaried, non-exempt the employer is not required to pay you more than your salary regardless of how many hours you work UNLESS you go over 40. However it might depend on what you are doing.What exactly happens in "shift changeover"? Is this time considered "donning and doffing"? And does that time cause you to go over 40 hours per week?

      It gets a little dicey when employers use a "salaried non-exempt" situation. Generally employers use it when they don't want to closely track hours, but when they realize they do have to pay OT for hours over 40. Do they dock you if you are late or if you leave an hour early? Would you be paid if you took a sick day? Here's just one article to read the difficulties of employers using it: http://www.shrm.org/templatestools/h...temployee.aspx and here is another that is a little more basic.

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      • #4
        Re: Salary Non-Exempt-Missouri

        [What exactly happens in "shift changeover"? Is this time considered "donning and doffing"? And does that time cause you to go over 40 hours per week?]

        [Do they dock you if you are late or if you leave an hour early? Would you be paid if you took a sick day?]

        Shift changeover: probably not what you mean by "donning and doffing". Purely administrative job, albeit in a complex, live, fast-moving environment in which we need to ensure union hourly workers are always kept busy--always have new work in front of them. We come in, log in to update ourselves with e-mail traffic for the day to identify critical issues, get a briefing on numerous topics from the previous shift worker, sometimes help with computer work to allow the previous shift worker to exit in a timely manner, all to ensure a seamless transition from shift to shift by becoming immersed in the live situation when we sit down to work. In a minor way, similar, I expect, to what air traffic controllers need to do at shift handover to ensure safety and continuous coverage.

        Not sure if we're docked if late, hasn't occurred for me. If we leave early, we're expected to enter the actual time left, so yes, we're docked, and expected to make the time up. For 8-hour shifts, the 30-minutes early provision meant we actually worked 42.5 hours/week minimum for a 5-day week, although 6-day weeks were routine (major reason they've shifted to the 12-hour rotation). The 15 minutes after shift comes into play less often, but each of us has spent time assisting our shift successor in getting up to speed with the environment before leaving for the day.

        We accrue PTO which is to be used for all absences: vacation, sick, whatever. For 8-hour shifts, I accrued 80 hrs/year, or 10 days off. Now, with 12-hour shifts, I accrue 6.67 days off per year (same hours, using more per "off" shift).

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        • #5
          This sounds a lot like "hours worked" under the FLSA definition. Hours worked are a big deal under FLSA. "Doffing and donning" are sort of a formal FLSA exception, but there are not a lot of other exceptions. As long as we are talking about "non-exempt" employees, and this includes "salaried non-exempt", then basically you pay hours worked. Hours worked cannot be rounded legally on other then a consistent "both way" basis, not more then to the nearest quarter hour.

          PTO/vacation and other paid hours worked has nothing to do with FLSA. This at best is a function of state law.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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