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Thread: Mandated Time Card California

  1. #1
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    Default Mandated Time Card California

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    Last edited by mtngal; 03-30-2012 at 10:52 PM.

  2. #2
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    The "law" does not care about everything. The law cares what it cares about. You say that you are "salaried", which is a payment method and not very meaningful by itself. What is your Exempt status? If you are both Exempt and Salaried, then you are under one set of rules, and if you are non-exempt and Salaried you are under a different set of rules. Your starting point is to determine just what the law cares about in your situation, which is a lot less then your question covers. If for example you are salaried and non-exempt, then both federal and CA law care very much that you are not being paid overtime. However, the issue would be the non-payment of due wages, not the "declaration" of false time worked.

    If we are talking the federal law only (FLSA), then federal law cares about time worked but has no interest in vacation or cost accounting. If we are talking CA law (CLC), then CLC also cares about vaccation.
    "Reality is that which, when you stop believing in it, doesn't go away".
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    I am salaried and exempt (incorrectly classified).

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    I am required to work the minimum 40 hours weekly, can this company require me to declare fewer hours than I actually worked just to keep the books balanced? If you are exempt, how many hours you put on the time cards is pretty much irrelevant. You are paid on a fixed salary, regardless of how many hours you work (excluding FMLA time and a couple of other things.)

    I am salaried and exempt (incorrectly classified). . If you are saying that you believe your job responsibilities require you to be paid on a non-exempt basis, then there are obviously a number of illegalities taking place. Contact your State's Department of Labor/wage and hour division and file a complaint.

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    Last edited by mtngal; 03-30-2012 at 10:53 PM.

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    You can keep track of hours worked on your own. Don't use company equipment. It is as simple as a pad of paper and a pen. If, in the future, you chose to challenge your status you will have those records to back up your claim. Those type of complaints has time limitations. DAW would know the limits better than me.

    Aside from challenging your status with the DOL, I see no way to force the company to change their timekeeping requirements.

  7. #7
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    Federal wage/hour claims can go back 2-3 years. Certainly 2 years. Plus federal DOL can choose to allow the third year if DOL considers the violation to be willful.

    I am in agreement that a computer help desk person is likely non-exempt. Note the use of the word "likely". There are a lot of possible Exempt classifications. The IT professional exception does not work with help desk employees, although Executive or Administrative exceptions might.

    The problem is not the particular time accounting practice but rather the alledged failure of the employer to pay non-exempt employees based on actual hours worked. THAT and only that is the potential violation which would get DOL excercised. Agreed that the solution is for the employee to keep their own time accounting records at home and to file a wage claim with state or federal DOL.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  8. #8
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    Thank you for the information. I'll begin keeping track of my actual hours offsite. Maybe one day I will work up the nerve and bring a complaint on the misclassification and lost wages.
    I've removed 2 of my posts in this string for privacy.
    Thanks again!

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