Ethical Question

Dan

Ethical Question

I am in a situation where I know the company I work for is not treating exempt employees in the proper manner. Exempt employees are required to fill out an electronic time sheet up to 40 hours each week (but no more then 40). If an exempt employee leaves early on day, they are required to cover the hours with PTO or code the time as leave without pay. I am the Sr. HR rep for this project and have discussed this issue with the HR manager. It is the corporate Vice President of HR that has set this policy. I am looking for suggestions on how to address this issue without getting crosswise with the VP and before real legal problems arise.

LindaS

Are the exempt employees actually docked pay for working less than 40 hours per week? If so, I would recommend that you perform some internet searches regarding judgements that have been placed against employers for engaging in this behavior. Print the information and present it to the VP. Hopefully it will "open his eyes" that what he is doing is illegal and stops it. In absence of that, there's not a whole lot you CAN do. Make sure you CYA and hope that you are not employed there when the company gets hit with a DOL audit.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 11-07-03 AT 02:43PM (CST)[/font][p]It's more than just an ethical quesiton, there is a legal problem NOW.

I would simply let the VP know of FLSA requirement regarding exempt status.

Take a look at FLSA regulations in the Code fo Federal Regulations, volume 29, Section 541.118 and show him the particular provisions.

[url]http://www.access.gpo.gov/nara/cfr/waisidx_03/29cfr541_03.html[/url]

Note that when it says "a day or more", the "more" means full days.

Or if you have legal counsel, discuss the issue with him or her first and maybe the three, the HR Manager, legal counsel and you, can speak to the VP.

I wouldn't necessarily expect the VP over HR to know all the legal details. That's the job of HR staff and legal counsel. So, presenting the problem to the VP isn't trying to go against his wishes, its making sure he has all the facts to make the proper decision.

Perhaps as a compromise, with legal advice, suggest the ability of charging partial days' absences against accrued time balances but still ensuring the full day's salary is paid even if the emplyee is out of accrued time.

Dan

Thank you for the responses. I think I will work throught our local legal counsel and back up the corporate ladder. It is a tough situation since this has been brought up in the past.

Don D

Any responses to your question should be disregarded. If your objective is to stay with the company, you do not want to get crosswise with a vice president of human resources. Pick your battles. This one cannot be won unless you clearly see an opening and opportunity to provide information to your legal counsel that he will embrace and has signalled that he wants. You may be climbing into the torpedo chute.