Can a company require exempt employees to clock in and out?

Ask a lawyer – it’s free! You can, technically, require exempt employees to clock in and out, as long as you do not change their pay based upon how many hours they are clocked in.

Do you have to track your time as an exempt employee?

They figure it doesn’t matter, because the employee will be paid the full amount either way. The FLSA does not limit the amount of working hours an employer can expect of exempt workers. However, nothing in the FLSA prohibits employers from requiring exempt employees to clock in or track time either.

Do you have to work certain hours as an exempt employee?

Exempt Employees and Rules Requiring Specified Hours. In fact, the Department of Labor (DOL), in the preamble to revised exemption regulations, stated that employers may require exempt employees to work a specific schedule and to record and track hours without affecting their exempt status.

What are timekeeping requirements for exempt employees?

Exempt employees are handled quite differently from non-exempt. Let’s answer these questions and look at timekeeping requirements to keep in mind. According to the Fair Labor Standards Act (FLSA), which governs minimum wage, overtime pay and working hours, employees are divided into two categories: exempt and non-exempt.

Can we require exempt employees to clock in and out?

While it doesn’t violate the FLSA to have an exempt employee clock in and out, it is recommended to only track exempt hours if there is a business reason to do so. There are some valid reasons for tracking exempt employee hours.