New Jersey-non exempt time card based on 40hrs-paid semi-monthly-HQ based in Mpls. MN

[sally55]

I am a non-exempt salaried employee who works in New Jersey and our company's Head Quarters is based out of Mpls. MN where our paychecks are processed.

We get paid semi-monthly (not ever 2 weeks, but twice a month) and was filling out a time card based on 80 hours worked during a 2 week period-which meant that if I worked 4 hours OT the 1st week and choose to leave 4 hours early the 2nd week, I would have worked my 80 hours.

They are now changing this process. They state that it is in accordance with New Jersey Federal Labor Laws and the company's policies and procedures. We are now being told that we are to fill out a time card every week-we will be paid OT (1.5x regular rate) for actual worked hours greater than 40 hours during a workweek (Mon-Sun). We will not be guaranteed payment of 40 hours during a workweek and if we work 36 hours, with no other non-worked hours (holiday, vac, sick, etc.), then we will receive pay for 36 hours only.

My question is-can they do this? They want us to fill out a weekly time card, but pay us semi-monthly (twice a month).

Thanks.

[Pattymd]

Yes, the employer can require time cards for any period they like; it does not have to coincide with the pay period. And, as a matter of fact, since overtime is based on how many hours you work in a workweek (not in the pay period), requiring weekly time cards that correspond with the workweek is an excellent idea.

However, it does sound like they are changing you from salary nonexempt to hourly. Salary nonexempt must be paid the full weekly salary regardless of the hours worked, although the employer may substitute leave time for the shortage.