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Salaried Employee Questions. Indiana

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  • Salaried Employee Questions. Indiana

    I am a salaried exempt employee, Network Engineer, and have been asked (as well as all the other Engineers) to track all my time, ranging from working on customer projects to replying to email. I am not sure if they are looking for us to prove we are working 40hrs/week or how they are using the information. My questions are as follows:

    1. Is it legal to make a salaried exempt employee track their time not spent on customer projects? (Customer Projects would be for billing purposes of course.)

    2. Is it legal for my employer to dock my pay for not tracking my time other than for customer projects? (My boss stated we will be fined $250 for not tracking our time.)

  • #2
    Originally posted by netwrkgi View Post
    I am a salaried exempt employee, Network Engineer, and have been asked (as well as all the other Engineers) to track all my time, ranging from working on customer projects to replying to email. I am not sure if they are looking for us to prove we are working 40hrs/week or how they are using the information. My questions are as follows:

    1. Is it legal to make a salaried exempt employee track their time not spent on customer projects? (Customer Projects would be for billing purposes of course.)

    2. Is it legal for my employer to dock my pay for not tracking my time other than for customer projects? (My boss stated we will be fined $250 for not tracking our time.)
    Absolutely. Absolutely, as long as you are being paid the minimum wage.
    Please no private messages about your situation.

    Comment


    • #3
      1.) Yes, it is completely legal.

      2.) You cannot be docked for refusing but you can be fired for refusing.
      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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      • #4
        Well, thank you for correcting me on #2.
        Please no private messages about your situation.

        Comment


        • #5
          Agreed with CBG. Also, full workweek suspensions without pay are legal for Salaried Exempt employee. Eliminating bonus payments and raises are legal. Absent a contract, permanently reducing salary on a go forward basis is legal as long is the $455/week federal limit is respected. Giving the employee a very old Windows 98 computer to work on in a really ***** workspace is legal. Taking away company credit cards, cell phones and parking spaces is legal. ....

          I have worked for employers who came up with very creative and legal methods of getting the attention of employees who thought that because they were Salaried Exempt they were somehow untouchable. Of course, firing also works well. It gets the attention of the remaining employees who used to think that they were also untouchable.

          -----

          Fining (monatary penalites for work rule violations) an employee is both illegal and stupid, since there are legal remedies that accomplish the same thing.
          Last edited by DAW; 08-08-2007, 08:14 AM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thank You for the responses.

            For my clarification though......It is okay for the powers that be require the engineers to track their time and not anyone else. Everyone in the company is salaried.

            Comment


            • #7
              They own/run the company. The can legally discrimnate on this issue.
              Please no private messages about your situation.

              Comment


              • #8
                Yes, they may require the engineers and no one else to track their time, and it will be legal.
                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.

                Comment


                • #9
                  Agreed. "Salaried" by the way is meaningless. Under federal law (FLSA), the employer is required to keep time accounting information on all Non-Exempt employee, whether paid on a Salaried or a Hourly basis.

                  There is no legal requirement that the employer keep time accounting information on Exempt employees, but there is also no prohibition. My last employer was a large software company listed on the NYSE and all employees from the President on down was required to formally account for their time. Salary expense was the single largest expense for this company, and it was felt not knowing how scarce personnel time was being utilized was irresponsible.

                  "Discrimination" is only illegal when it involves taking an action against a legally protected class of employees because they are a member of that protected class. "Engineers" are not a legally protected class of employees. Your employer can legally make all you Engineers wear Donald Duck suits to work if that is what floats their boat.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    Would you happen to know the Indiana Code that states they cannot fine us? I found IC 22-2-6 Wage Deductions.

                    Again Thank you for the reponses. I have found some of them to be quite amusing (DAW).

                    Comment


                    • #11
                      I doubt you're going to find either a state or a Federal statute that specifically addresses fines.

                      FEDERAL law limits the circumstances and the ways under which an exempt employee can be docked. There are no provisions for fines.
                      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.

                      Comment

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