Exempt pay required every pay period?

Caroliso

We want to implement a policy that requires timesheets be submitted in order for paychecks to be issued. I know according to Massachusetts law non-exempt staff must be paid within 6 days of pay period ending date regardless. What about exempt staff? A colleague who just relocated from California thought there was a regulation which required exempts be paid every pay period the predetermined amount independent of receipt of timesheets. Is this a CA regulation? An FLSA regulation? Does this sound familiar at all?

Thanks.

Down_the_Middle

Sounds to me like an employer's practice of paying exempt staff w/o needing the timesheet beforehand. Nor sure if its also a CA regulation, but I suspect it's probably 1 employers practice....

Cathie

Although there is nothing forbidding you from asking time sheets from exempt employees, they must receive their full pay every pay period regardless of time sheets. The 6-day rule applies to them too as far as I know.

System

FLSA says you must pay exempts their full salary unless they were off for an entire week (with a few exceptions). So a timesheet would be pretty irrelevant for exempts' payroll. I don't know state laws. But you can research them in the members' area of this website if you're a member of our Mass. Employment Law Center. See "Member login" on [url]www.HRhero.com[/url] .

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Theresa Gegen TX

There are some good reasons to get time sheets from exempt employees.

First, FMLA eligibility is based on hours worked.

Second, if the employees ever challenge the exemption and win, you will atleast have a record of hours worked to calculate back overtime (and not just have to take the employee's word for it).

Third, you can use the hours worked to see if work is being handed out fairly or if one employee is more efficient than others.

However, I would not necessarily make the turn in of timesheets effect when the exempt employees get paid, since generally the two issues are not related.

Good Luck!

Margaret Morford

Do not not pay (I know it's a double negative, but it's for emphasis) exempts if they don't turn in their time sheets. You'll buy yourself a Wage and Hour problem for sure! Have a written policy that says time sheets are due X day during the pay cycle. Discipline the people who continually violate the policy.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Caroliso

Thanks all for your responses. Looks like I need to revisit this policy.