Exempt employee status New Hampshire

[OH_NO]

I work for a company where the manager has decided to force his exempt employees log in and out this was not the case for the past 5 3/4 years. Even within the same department other groups do not have this policy. And nothing in the company states exempt employee clock in and out.

The Manager watches the time clock since we are reminded of the clocking in and out policy.

We all received offer letters from the company clearly stating the hours of the day we are to be at work and the amount of hours per week for the pay. Now the manager wants the employee to work OT.

With forcing the exempt employee being forced to clock in and out are they no longer exempt?

Is an offer letter an agreement between you and the company subject to change by a manager?

[Marketeer]

Despite a widely held belief to the contrary, there is no law that say that exempt employees are exempt from clocking in or filling out a timesheet daily or doing anything else that tracks their hours. There are many good reasons to have all employees track their hours: safety (knowing whose in the building), benefits (knowing how many hours an employee has accrued toward earning a benefit), and so forth.

Tracking an exempt employee's hours does not make that person non-exempt.

Unless the offer letter rises to the level of a bona fide employment contract (and very, very few offer letters do), the terms it spells out can be changed by the employer.

[OH_NO]

what would language would an offer letter have to have in it to make it a bona fide employment contract?

Also what abought the same department with different policies?

[ElleMD]

What constitutes a contract varies by state and is very specific. You really need to consult with a lawyer to see if what you have constitutes a contract. Chances are very good that it does not.

Yes, there can be different policies.

[cbg]

I'd be very careful about trying to turn an offer letter into a contract. Since it won't have spelled out any other changes either, you won't be eligible for raises, or increases in vacation, or any additional benefits that are not listed. You can't have the offer letter be a contract when it's something you don't want to do, but then have it not be a contract when it would benefit you not to be. If the offer letter is a contract, then as well as not being able to be required to sign in and out, the salary and other benefits mentioned in the letter are also carved in stone and can never be changed. Do you really want that to be the case?