Can exempt employees be flexed?
Exempt employees are not required to submit timesheets for the hours they work, but do need to submit a timesheet if they have used leave during the pay period. Employees can work with their supervisors to arrange flexible time in and out of the office during the work week, ensuring that all work is complete.
Can a company fire an employee for forgetting to punch in?
Well, this would NOT have been a wrongful termination under the law. The employer is legally allowed to make stupid decisions, as long as a specific law isn’t violated. And “defamation of character” would have been a stretch, as well.
How does an employer deal with exempt employees?
To resolve the problem, some employers attempt to devise creative tactics. Some employers change policy and require that exempt employees begin clocking in and out. Others may start docking pay when this group of employees are late. This might be viewed as a creative attempt to curb tardiness and absences.
Is it legal to dock pay for exempt employees?
Although employers can safely require exempt employees to clock in and out, tackling a tardiness problem by docking their paychecks is a different matter. Another employer’s human resources department asked about the legality of a CEO’s decision to dock workers’ pay $25 for every five minutes an employee is late.
Is there a salary test for exempt employees?
The salary test for exempt classification is that employees receive a predetermined salary for each week they work. Like most rules, there is an exception that must be adhered to if an employer wants to dock the pay of exempt employees.
Is it legal to pay an exempt employee by the hour?
If you decide that you want the ability to deduct pay for such time off, remember it’s always legal to pay people by the hour. If you go that route, though, your employee is now eligible for overtime payments, regardless of whether she meets the other qualifications for exemption.
What are the rights of an exempt employee?
Rights of exempt vs. non-exempt employees Non-exempt employees have rights under the FLSA, including minimum wage and overtime pay. But exempt employees do not have those rights. The only real “right” that the exempt employee has under FLSA is to be paid their guaranteed minimum salary in any week that they perform some work.
Although employers can safely require exempt employees to clock in and out, tackling a tardiness problem by docking their paychecks is a different matter. Another employer’s human resources department asked about the legality of a CEO’s decision to dock workers’ pay $25 for every five minutes an employee is late.
Can a salary for an exempt employee fluctuate?
An exempt employee’s salary should not fluctuate based on the number of hours worked within the workweek. Prorating an exempt employee’s salary based on hours worked may result in the loss of the exemption.