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NY flexible hours & exempt employees

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  • NY flexible hours & exempt employees

    I have an interesting situation. My company is trying out a “pilot program” for summer flex hours. Under this program, non-exempt employees will be able to work 9 hours Mon-Thurs, then work 4 hours on Friday morning and take the afternoon off. That way they will have still put in a 40-hour workweek.

    So far so good. However, we were told that exempt employees would also have to follow the same rules. So now exempt employees will have to keep track of their hours to ensure that they have put in a total of 40 hours work each week before they will be allowed to have Friday afternoons off.

    I thought that sounded a little questionable, since exempt employees will not only be treated exactly like non-exempt employees under this program, but will also have to record their daily work hours in order to prove they have worked 40 hours for the week and are therefore entitled to leave mid-day on Fridays.

    Is this practice acceptable? If not, can you reference the applicable law? Thanks for your help!

  • #2
    Yes, this practice is acceptable. Nothing in the law says that exempt employees can't be required to keep track of their time. For some reason, many people seem to think that exempt employees can come and go as they please, and that is not the case. It violates neither the law nor the overtime exemption for an exempt employee to be held to specific hours. In fact, there can be some very valid reasons to do so; client billing, hours-based benefits such as FMLA or 401k, even safety (knowing who is in the building in case of emergency).

    It's not that there is a specific law giving employers permission to track an exempt employee's hours. It's that no law exists prohibiting the practice.
    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.


    • #3
      Thanks for the quick reply!