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Time Card Required for Salaried Employee? Utah

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  • Time Card Required for Salaried Employee? Utah

    I was wondering perhaps if you might provide some assistance with a concern I have with my current employment. I have a signed contract explicitly stating my salaried compensation. However, I am required to keep a time
    sheet under the threat of not getting paid. Per an email I received recently:

    "Get them to me by 9:30am this morning or payroll will skip you for this period (you'll still get the pay but you'll have to wait 2 more weeks for it)."

    I was under the impression that requiring a time sheet for salaried employees (especially with a signed contract with explicit terms of compensation) was illegal. Would you be able to provide any insight on this for me? How would I find this answer?

  • #2
    Your impression is incorrect. There is nothing in Federal law and nothing in the law of any state that makes it illegal for a salaried (by which I assume you mean exempt) employee to complete a time card, and there are often very good reasons for doing so.

    IF the employee is exempt (not all salaried employees are) AND IF the employee's pay is adjusted based on what is on the time card (with certain exceptions) then it might conceivably eliminate the exemption and make the employee eligible for overtime, at least for that week. But it does not violate the law.

    They cannot legally make you wait two weeks for the pay. But in actual fact, even if you were to file a claim with the NC DOL, by the time someone at the state looked at your claim, you'd have your money. And the state is not going to waste time pursing a claim where the employee has been paid, when there are so many claims for employees who have not.
    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
      Agreed with what CBG said. Also, there are any number of legal response an employer can take to discipline an employee who violates work rules (which is what you are talking about doing). Delaying payment is probably illegal and certain dumb, but giving you (for example) a full work week unpaid suspension would be both legal and probably very effective.

      There is a federal rule requiring that time accounting information be maintained for all Non-Exempt employees (both hourly and salaried). There is no federal or state law prohibitting employers from collecting time accounting information on Exempt employees. Many employers do so, some for good reasons, some for bad reasons (either way is legal). My last employer, a large software company listed on the NYSE, required all employees without exception from the president on down to maintain accurate time accounting records, not only of hours worked, but of what was being worked on. Since this was something that very senior management was serious about, and was fully prepared to take legal adverse actions against employees who failed to comply, not surprising the company ended up with very accurate and complete time accounting information for all employees.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


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