Non-exempt Employees

Someone told me that if a non-exempt employee comes to work after hours he must be accompanied by a supervisor. It's common sense not to let anyone work alone, but he said that it is a federal law to have a supervisor present. I looked through my federal regulations handbook and can't find the "law". Does anyone know of any such law?

Comments

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  • I am a retired EEOC Director and during my career I also worked for Wage and Hour and was an Assistant Area Director when I moved to EEOC. I am unaware of any federal law that requires a supervisors presence at anytime. Of course, you are responsible for paying for all hours worked. Its a good business practice to have some system for ensuring that the hours claimed were actually worked. In many companies, non-exempt security guards work alone at night. I can think of several other examples. I hope this helps you.
  • One other good reason to have a supervisor present is that the employee may later claim that a work injury occured (for which the company would be liable).

    Although having a supervisor present is not required under the law, it certainly makes good sense. And the company may find out that it will cut down on overtime (which may be caused by the employee not being properly supervised during work hours), and employees will only get overtime when absolutely necessary.



    Good Luck!
  • Just wanted to say thinks for your replies! They will help me in my enforcing of what I have been telling the supervisor.
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