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Salried Employees logging hours California

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  • Salried Employees logging hours California

    [FONT=Times New Roman]I am new to a company that is revising their Employee Handbook and they are adopting a new policy that salaried employees "are required to prepare weekly timesheets and turn them into payroll"... Correct me if I'm wrong, but shouldn't that read "Salaried, Non-Exempt Employees"? My understanding is that when salaried employees, in essence, "clock in and clock out", you must pay them for any overtime. Is that not correct?

  • #2
    No, that is not correct. It is a common misconception, but it is wrong, nonetheless.

    There is NOTHING in the law that prohibits an exempt employee from completing timesheets or clocking in and out. There can be valid reasons for doing so; tracking of hours for 401k or FMLA purposes; keeping track of vacation and sick time; client billing; even safety (knowing immediately who is and is not in the building in case of fire, etc.).

    It would only affect the exemption and require overtime to be paid if the exempt employee's pay was affected by what was on the timecard.
    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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    • #3
      Salried Employees logging hours California

      So, if a salaried employee logs his/her hours and timecard/log shows overtime, then the company pays for the overtime?

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      • #4
        If a salaried, non-exempt employee logged OT then you would pay it. If a salaried, exempt employee logged OT then you would ignore it.

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        • #5
          There are NO circumstances in which an exempt employee is entitled by law to overtime, regardless of whether they complete a time card or not. Just because they complete a time card does not mean that you have to change the way you pay them.
          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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          • #6
            What if am employee is told that they are salaried excempt, but have no employees to supervise? I read that there must be at least two employees to supervise to be excempt, but never have more than one.

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            • #7
              There are several possible overtime exemptions, and only one of them has any supervisory requirements. Quite simply, what you have read is wrong.
              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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              • #8
                Then what qualifies someone as excempt? If there is only one person doing all jobs and the company only says they're excempt because they are a "supervisor" of some kind, are they excempt from overtime? I have an article about Home Depot empolyees suing about this.

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                • #9
                  The Fair Labor Standards Act outlines the criteria under which employees are considered to be exempt from its overtime provisions: http://www.dol.gov/esa/whd/flsa/ . There are several categories of exempt employees, some of which do not require that the employee be in a position to supervise others.

                  I don't supervise a soul, but I'm still exempt (and working 12-14 hour days this week on a proposal).
                  I am not able to respond to private messages. Thanks!

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                  • #10
                    The adminstrative, professional and computer exemptions do not require any supervisory duties. It is entirely possible to be exempt under any of these three exemptions without supervising anyone.

                    ONLY the executive exemption requires that there be direct reports in order to meet the exemption requirements.
                    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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