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Time Sheet Reporting Texas

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  • Time Sheet Reporting Texas

    We currently ask exempt employees only to report exceptions (sick, vacation) on their timesheets, and to only submit a timesheet if they have an exception. Now I am being asked to modify our policy to require exempt employees to submit a timesheet every pay period. So, although we only pay them a straight salary and do not offer overtime, they might reflect 100 hours on a timesheet when it is normally assumed they worked 80. I think there was recent case whereby an exempt employee sued for back wages and was awarded all hours worked over the 80 even though they were exempt. I believe Brian Harrington from Fort Worth was an attorney involved, but I cannot locate the case. Any information is helpful. Thanks

  • #2
    I don't know the case either, but Harrington is a pretty big name in that profession so it wouldn't surprise me.

    How about just a code? R for Regular, V for Vacation, S for Sick, etc.?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Patty - thanks for the response. I am going to go the "code" route, but it is bugging me that I cannot find this case. Maybe it does not exist, but I believe it does and will not have a good night sleep until I find it.


      • #4
        Contrary to persistant and popular belief, there is nothing whatsoever in the law that prohibits an employer from keeping track of an exempt employee's hours, nor does keeping track of an exempt employee's hours void the exemption. There are, in fact some very good reasons for doing so. To name a few - client billing; maintaining records for hours based benefits such as FMLA or a 401k; keeping track of benefits such as vacation or sick time; even safety (the ability to see instantly who is and is not in the building in case of fire or other emergency).

        On those occasions when a court has granted an "exempt" employee back overtime, it is not because their employer tracked their hours but because their job duties did not qualify them to be exempt in the first place.
        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.


        • #5
          Originally posted by TexasHRGuy View Post
          Patty - thanks for the response. I am going to go the "code" route, but it is bugging me that I cannot find this case. Maybe it does not exist, but I believe it does and will not have a good night sleep until I find it.
          Let us know if you find it. Federal DOL is very much on record that keeping track of hours for Exempt Salaried employee in no way risks the Exempt status. In fact, federal DOL and most courts are on record as saying that the employer actually paying overtime does not by itself risk the Exempt status. There are a few court decisions to the contrary, but this is not new. I have source books going back 15 years that consider the rules on this not changing during this time.

          I am not going to say that you are wrong about the court decision but if it occured it would be huge. I get a newsletter that discusses major court decisions affecting payroll, and this is exactly the sort of case I would expect major coverage on. Which has not occured.

          You could try sending Mr. Harrington an email.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


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