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Salary and timeclock California

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  • Salary and timeclock California

    Hi everyone, I just found this forum and it looks like I can find some info I'm looking for.

    I'm curious if anyone can explain, further than I've found with the search button, what the deal is with employers making some salary employees clock in and out and others not. I'm assuming it has a lot to do with whether someone is exempt or non, but judging by the descriptions I've read I couldn't tell for sure if anyone in our company that is salary is exempt or non, including myself.

    I was hired at the beginning of this year (Jan. 2,2006) for the salary position of production manager, however, I have never been told if I was exempt or non. I was just told that since I was salary I would not be getting overtime and would have to work the occasional Sat. for free. When I first started, they told me I would be clocking in until my probation period was over, then I wouldn't need to anymore. After about a month and a half, the boss tells me that he would, "Take me off that stupid clock pretty soon so I wouldn't have to bother with it.". A couple months after that go by and I'm still punching the clock. I finally ask why I'm still punching the clock and he tells me their going to go ahead and keep me on it. Now I figure they recently changed some company policy or something and I get stuck punching the clock. Then I find out there are other salary people that are not punching and only one other that is.

    So to get to my point, what gives?!?

    Why would I still be punching a clock if it's not something the company does across the board as policy? I know that question is a bit subjective, but what would you suppose.

    I read a reply in one thread that stated the company can make a salary employee clock in and out, but it wasn't a good idea. Can someone elaborate on this?
    Last edited by myoung; 09-11-2006, 08:46 PM.

  • #2
    Salaried is only a pay method. But in this case, it doesn't even matter if an employee is exempt or non-exempt; either can be required to clock in and out. And whoever it was that said having a "salaried" employee clock in and out was not a good idea, I do not agree with them. There is nothing whatsoever wrong with it and there can be valid reasons for it.

    Some possible reasons why an exempt employee could be required to clock in and out:

    1.) Client billing
    2.) Safety (knowing who is and is not in the building in case of fire or other emergency)
    3.) Tracking of sick and vacation time
    4.) Tracking of hours worked for those benefits that are based on them, such as FMLA or a 401k
    5.) Suspicion of abuse of time worked (coming in late/leaving early)

    As long as you and the other person are not being required to clock in and out BECAUSE OF your race, religion, national origin or other protected characteristic, it's up to the employer who does and who does not have to. And unless your pay is being affected by the hours on your time card, it does not affect your exemption, assuming you're exempt.
    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


    • #3
      Thanks for the reply.

      I know what you're saying, I've seen your reply in a lot of other similar threads. It makes sense if that's what the deal was, but I have to say I seriously doubt that any of those are the reasons I'm clocking in. To be honest, knowing the guy I work for, he does a lot of things just to get under his employee's skin and remind them their fate is in his hands. He's incredibly insecure and has a bit of a god complex. I can see that being the reason, but won't say for sure it is. I do sometimes wonder if he is a little intimidated by my background and feels the need to 'put me in my place'. Crazy thing is, I don't NEED this job, if I got tired of his crap and left tomorrow he'd be in worse shape than me.

      It's just annoying to be strung along being told the whole time clock thing was unnecessary, then all of a sudden it is, but only for certain people. I guess I'm just complaining about this being the first time I've ever had to punch a clock, in my position in this company in particular. When the people who are not clocking in are a notch below me, it gets a little insulting. That's just a personal thing though. I guess I was just wondering if there was some reason he may be having me clock in that he shouldn't be, like tracking my time as if I was an hourly worker, which I thought they couldn't do. After reading a lot of threads here though, I guess they can. I was told at one point that if they are making me track time, then I was entitled to overtime, but I've also read here that's not the case either. It all gets a bit confusing for me about what they can and can't do to me just because I'm a salary worker. My past history has been working in a family business where nobody was out to take advantage of me so I'm a little uninformed at this point. I'll get there though, it's been an eye opener reading these threads.

      Ok, rant over, stepping off the soapbox now.

      Thanks again

      Comment


      • #4
        I have read many threads about salary employees upset that they have to clock in and out and I never understood it. What is it that upsets you about having to clock in and out?

        The only that would upset me (as a salary, exempt) employee is to see just how little I make an hour.

        Comment


        • #5
          Yeah, Christa, and it really doesn't matter whether the poster is "upset" about it or not. The employer is within his legal rights to require it. End of story.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Nor are the reasons I posted the only legal ones. He can require it just because he doesn't like you and wants to be a pain in the derriere.

            Bottom line; he can require a salaried exempt (or a salaried non-exempt) employee to clock in and out and as long as it's not for reason that's prohibited by law and it doesn't affect the amount of pay received each week, it's 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


            • #7
              Originally posted by Pattymd
              Yeah, Christa, and it really doesn't matter whether the poster is "upset" about it or not. The employer is within his legal rights to require it. End of story.
              Just so we're on the same page, maybe some other thread starters are, but I'm not 'upset' about it. I'm just wondering if he has some purpose why with the salaried personnel some are and some are not clocking in. Nothing deeper than that.

              Comment


              • #8
                Originally posted by cbg
                ....... as long as it's not for reason that's prohibited by law and it doesn't affect the amount of pay received each week, it's legal.

                This is what I'm keeping an eye on. When I had to take a day off a few months in, I was told I would have to take it unpaid. I was a bit surprised and asked if I was on some different salary structure, was starting to wonder if that was the real reason for me clocking in as well. In the end they didn't take it out of my pay afterall, I think the payroll lady knows more than the boss when it comes to this stuff and covers his butt.

                Comment


                • #9
                  I think the payroll lady knows more than the boss when it comes to this stuff and covers his butt.
                  That's a valuable employee.
                  I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

                  Comment


                  • #10
                    My suscicious mind has leapt to the conclusion that they are worried that you should actually be getting paid overtime, and they want to have a record of exactly how much overtime you are working in case you sue them for it.

                    (Note that I think that because it is not an across the board requirement, not because I think all companies with time clocks for exempt employees are doing this.)
                    Megan E. Ross, Esq.
                    Law Offices of Michael Tracy
                    http://www.gotovertime.com

                    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

                    Comment


                    • #11
                      Originally posted by Megan Ross Hutchins
                      My suscicious mind has leapt to the conclusion that they are worried that you should actually be getting paid overtime, and they want to have a record of exactly how much overtime you are working in case you sue them for it.

                      (Note that I think that because it is not an across the board requirement, not because I think all companies with time clocks for exempt employees are doing this.)

                      Hhhhmmmm........makes me wonder too. If I were the type to sue at some point down the road and they didn't have those records, I can imagine it would be a major nightmare for them.

                      Sidenote: I'm not a litigious(sp?) person, I'm not looking to sue them for anything because of this, I just feel singled out..........well, me and the other guy.
                      Last edited by myoung; 09-14-2006, 04:31 PM.

                      Comment


                      • #12
                        Originally posted by myoung
                        When I had to take a day off a few months in, I was told I would have to take it unpaid. I was a bit surprised and asked if I was on some different salary structure
                        Even if on Salary, if you take a day off, it can be unpaid (unless you have sick/vacation to cover).

                        Comment


                        • #13
                          Originally posted by Megan Ross Hutchins
                          My suscicious mind has leapt to the conclusion that they are worried that you should actually be getting paid overtime, and they want to have a record of exactly how much overtime you are working in case you sue them for it.

                          (Note that I think that because it is not an across the board requirement, not because I think all companies with time clocks for exempt employees are doing this.)
                          Actually, that is a good reason for any "exempt" employee to track hours worked. If it should be shown, at some later date, that he/she should have been non-exempt, the employee's documentation of actual hours worked could provide a substantial increase in compensation.
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                          Comment


                          • #14
                            I think the payroll lady knows more than the boss when it comes to this stuff and covers his butt.
                            And that is unusual because?
                            Joe916, as a payroll and compensation professional for (too many) years, thank you for your support.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                            Comment

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