Salaried Non Exempt - Again

LindaS

[font size="1" color="#FF0000"]LAST EDITED ON 10-19-05 AT 04:25PM (CST)[/font][br][br]I have gone through some of the previous posts on this issue and still have a couple of questions...

To give a little background, we have two individuals who are classified as non-exempt based on their job duties - all other EEs in their group are exempt. These EEs feel that being "exempt" is a status thing and do not want to have to complete time cards just like the exempt level. These EEs do NOT work very much OT (one person has 1 1/2 hours total for 2005) so we are looking at making them salaried non-exempt. They would be given the same other benefits as the exempt level EEs but the issue is the tracking of their time.

We are thinking about tracking their time using a spreadsheet and tracking 8 hours per day but paying them OT on any OT that is reported to us. This way they would still get the requisite pay but would not have to complete the time cards.

Does this sound okay to you?

Open1

I'm sorry, but I think that would leave your company wide open if they wanted to claim oodles of OT to the labor board down the road.

Our salaried nonexempt employees track their time using an Excel "timecard" and print it out and sign it each pay period.

Shadowfax

I thinbk the better course of action is to start having you 'exempts' track their time. Now you are really protected from potential mis clasification and inflated o/t claims, and, you have removed these two positions from their desire to be done with tracking time. I think not tracking time for everyone is always a potential problem.

crawfod

"They would be given the same other benefits as the exempt level EEs but the issue is the tracking of their time."

Linda, what other benefits are you referring to? And, as a "salaried non-exempt" does that mean an employee gets the same pay each pay period even if they come in late, leave early, take long lunches, etc., plus they are eligible for OT? I don't see how this type of classification makes a lot of sense.


"We are thinking about tracking their time using a spreadsheet and tracking 8 hours per day but paying them OT on any OT that is reported to us. This way they would still get the requisite pay but would not have to complete the time cards."

I think all the law requires for non-exempts is that their time be tracked and records kept. This method sounds okay to me, but I still think the employee needs to sign off on some record acknowledging the hours they worked each week. I would probably get a legal opinion to support this approach.

LindaS

Yes, they would still get the same pay regardless of whether or not they came in late, leave early, etc. Yes, they would still be eligible for OT pay.

The problem here is that we have a very small group of individuals (13 total) and only two are non-exempt. They do not work very much OT and see their having to complete time cards as them being something less than the exempt EEs. There is NO WAY the exempt staff is going to start completing time cards and these EEs have been with the company a long time (one over 30 years).

Gillian3

No, that would violate record keeping requirments, which state that you must note hours worked, including start and stop times.

crawfod

Linda, you may want to check out 29CFR 516.2 which details record keeping requirements. It's nice of you to try and soothe these employee's feelings, but ultimately you may just have to say, "I'm sorry but your duties do not qualify as exempt, therefore, you are non-exempt, and we must meet legally required recordkeeping for you."