I am the only person on salary that has to clock in and out due to several absences. Is that legal to do?
by michr456 on Wed Oct 21, 2009 8:49 pm
are you exempt or non-exempt?
clocking in for exempt employees is a matter of policy
clocking in and out (keeping track of time in any manner) for non-exempt employees is required by law.
being paid salary is NOT what determines exempt status.
if you are exempt your employer can keep track of your hours and discipline you if you fail to follow their schedule BUT they can only deduct pay under certain circumstances.
if you are non-exempt the employer MUST keep accurate time records even if you are paid on a salary basis, and yes they can deduct from your salary if you do not work as scheduled BUT if you are non-exempt you must also receive overtime if you work over 40 hours in a week.
for information concerning exempt status and allowed deductions from exempt and non-exempt salary see:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf
and
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17g_salary.pdf