Time Sheets for Exempt Employees


Is there a legal requirement as to how exempt employees show actual hours worked on their time sheet? i.e., if they work only 5 hours one day, do they show as 5 hours on the time sheet -or- do they show 8 since they will be paid for the entire day).

NOTE: We are located in the state of Ohio.

THANK YOU!

Comments

  • 22 Comments sorted by Votes Date Added
  • 942831: Welcome to our world of free flowing information! Time keeping for EXEMPT employees are not required at all and you are encouraged to stay away from the practice of time keeping of EXEMPTS for your company could loose their EXEMPT status for those that you do have time sheets available for audit and review!!!

    Now: that being said, I do require "time keeping" for a certain set of managers in remote locations, so that, we can legally validate the presence of the manager during times or events, alarms, adverse actions or conditions at the remote site, proof that the manager as the senior leader in the work site who is called upon to witness or give written testimony. We use the manual time clock and collect the cards for record keeping; but we do not use the time cards for calculation of compensation. The remote location manager uses the time cards to collect time worked by all employees. T hey transmit time worked on all employees by fax. Pork
  • I agree with Pork. Stay away from recording time if possible. If there are safety or security concerns and you feel documentation is necessary, I would suggest that these time sheets or cards be kept separate from payroll records with a disclaimer letter stating the reason(s) for them. This will lessen the perception of "keeping time" on the exempts.
  • While we use a computer time clock program for calculating pay for non exempts and managing their attendance and time off issues; we only ask exempts to turn in a calendar with days worked checked (no matter how many hours were worked that day) and holidays, sick days, vacation days marked as such. We keep these calendars for attendance (days; not hours, worked) and time off records only, NOT for calculating pay.
  • I am having an issue with tracking exempts hours as well. We are moving to a computer time keeping system on Sunday. The Finance Mgr wants the exempts to punch in and out like non- exempts. He insisted that it was not to track hours but to document days worked. I suggested that they punch in and then immediately punch out. Of course my first suggestion was not to do it at all.
    Currently we have exempts signing time sheets with actual hours worked which I learned was a no no when I was first put in charge of HR. Long standing system that previous HR Mgr went along with so I thought it OK.
    Am I suggesting the right thing?
  • deez: Punching a clock will be no different than tracking hours manually. Number of hours is still going to be tracked regardless. It doesn't matter what your finance person "insists" is the reason. When the DOL comes knocking in response to a complaint from an exempt employee that they were "required" to punch a clock, the DOL won't buy his explanation. If an exempt person is absent, I would assume that you have a time off form they have to complete to get permission for a day off. I would use this system to track days off rather than a time clock. Unless you have a major problem with exempt level people not being "on the job" when they are supposed to be, I would not buy myself this trouble.
  • We require exempts as well as nonexempts to punch a time clock. The nonexempt employees turn in a daily time sheet,exempt employees turn in a weekly time sheet that shows hours worked plus any paid time off. The reason we do this is because we pay exempt employees straight time for hours worked in excess of 44 per week. By having them punch the clock we have an accurate accounting of additional time they worked and can pay them correctly and fairly. The weekly time sheet also ensures their time is charged to the right accounting codes.
  • Don't let fear of the DOL Wage and Hour/FLSA boogie-man keep you from keeping time on your exempts. There are many valid reasons to do so. The company I just left required an elaborate form from every exempt be turned in every two weeks. It allowed us to do several things: Track FMLA absence more accurately, Validate and audit vacation and sick leave with HR and Accounting reviewing each form, and allowed us to track and pay exempts who were eligible for what we called bonus pay for having worked weekends and covering the supervision of multiple or split shifts...each of which is perfectly legal.

    A department head and VP were required to sign off on each form and this enabled them as well to accurately check their record of vacation and sick as well as FMLA.

    We had several audits and the process, once explained, was never criticized. All that is required is an HR manager who can recite to the auditor why it is done. Piece of cake. You will not lose exempt status if your rationale serves a legitimate company purpose and you can recite it. It's not a matter of convincing a government employee that you ought to be able to track exempt time. On the other hand, if you use any system of tracking time to dock exempts, that's where your problem will surface in an audit.

    Although disclaimers are fine, HR doesn't have enough reams of paper to type out disclaimers and explanations of why we do everything we do. When the first investigator asked me "Why do you track time this way?" my question to her was, "Can you tell me some reasons why we should not?" That put the ball in her court and she went down her short list, primarily the subject of docking time. I countered with our reasons and she went on to other business.
  • We have Exempt Employees log their time every two weeks in a system called Maximo. They have to enter their beginning and end time and then if they are charging any of that time against Projects and such. We have to put a code of what we did for every hour of the day so they can report back to big wigs about where time is being spent. It's very time consuming and it's the first company I've worked for where you needed a code to charge back against b/c it takes so long to enter your time.

    Every other company I've worked for, you just had a blanket 40 hr entry and the only thing that would change was if you had vacation or a sick day.
  • Don't you just love these systems where you're forced to satisfy the accountants as to how you spend each minute of the day? Surely there is a special code that's used for 'time sheet preparation'. When I worked for the state, I can recall having a 16 inch long form that we filled out several times daily and transmitted to the state office every two weeks. It had probably 60 lines and 45 columns, some 2400 reporting cells. Each employee had at least 30 codes he/she had to charge time to in a day. If done accurately, it would take probably an hour daily to post. But, the funding of programs was the objective and the only way to establish funding was to show staff time being spent in the programs. Same with private industry, to a lesser degree.
  • 942831: You might want to look at the new edition of the book HR Quick List. The chapter on exempt employees is available as a free sample here:
    [url]http://www.hrhero.com/hrquicklist.shtml[/url]

    Click on "You're deciding whether an employee is exempt" and go to page 132 to "Managing salaried exempt employees." Be sure to click on the blue box at the bottom of the page, which will take you to a good article from New York Employment Law Letter.

    Modesty prevents me from mentioning that I was the lead writer of HR Quick List. Oops - it just slipped out. x:-8

    James Sokolowski
    HRhero.com
  • So, James, without my having to go to the site, find and check the blue box and scroll to page 3029, what's your opinion on tracking exempt time?
  • The Quick list says you can make Exempt employee's work specific hours, clock in and out and ask permission before taking time off.

    I still don't get that if a normal work week is 40 hrs, you work 70hrs but on Wed. you call in sick, that you still have to use a PTO day even though as an exempt employee, you've satisfied the required hours that your pay was based off of.
  • My understanding is that exempt employees must regularly receive the same amount on payday, regardless of the number of hours actually worked. Deductions are allowed for full-day absences for personal reasons OTHER THAN illness or injury (unless it is FMLA qualified). So if an employee simply calls in sick one day it should not affect their pay.

    Of course, calling in sick can affect other policies, such as a strict attendance policy or point system.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 03:20PM (CST)[/font][p]Don,

    You're looking for a short answer to an FLSA question??? 8-| And you won't even look at my book!?! xx( And you won't click on the web pages that Christy created just hours before giving birth?!? x:o

    Well, off the top of my head I'd say that the white-collar exemption gives you a lot of leeway in managing employees. In fact, you can exercise quite a bit of control over the work hours of a white-collar exempt employee. But this could be used against you if the employee or DOL claimed that he really was nonexempt. The DOL says you can do the following things without destroying an employee’s exemption, though you might want to check with a lawyer to be sure that courts in your state would agree.
    ➣ Required work hours — The DOL says you can require exempt employees to work specific hours, obtain permission before taking time off, and even clock in and out.
    ➣ Leave by the hour — When an exempt employee misses a day or partial day for any reason, most courts would allow you to reduce his sick leave or vacation time by that amount. But if you allow employees to cash in unused leave, some courts would consider that to be compensation that can’t be cut for a partial day’s absence.
    ➣ Overtime pay — You may be able to give overtime pay to employees without destroying their white-collar exemption. DOL regulations allow you to give compensation in addition to a salary, and an increasing number of courts have said this includes overtime pay.
    ➣ Comp time — Some courts have said you can give comp time to white-collar exempt employees without destroying their exemption — similar to giving them overtime. It can be on a regular basis or occasionally. But if you’re in the private sector, you never can give comp time to nonexempts in lieu of overtime pay.
    ➣ Paying partial salary during beginning and ending weeks. Failing to pay an employee's full salary in the first or last week of employment isn't considered inconsistent with the salary basis of payment. In those weeks the payment of a proportionate part of the employee's salary for the time actually worked will meet the requirement.

    Like I said, that's just off the top of my head. :oo

    James Sokolowski
    HRhero.com
  • Uh, James, not to be picky but I notice your lucid and substantial response to DD did not in fact answer Don's question about any risks in tracking exempt time worked. Nor is it directly addressed in your excerpt from HR Quick List -- a great piece by the by, but just not on point with this issue. I think.

    My non-lawyer read betw/ the lines comes out like DD: absent some specific state issue, FSLA appears to make no prohibition of such tracking. In this context, FLSA is only concerned with what you pay people, not how you log their presence. And, of course, time tracking of exempts can be useful in some circumstances.

    Now, if other facts lined up such that it was a close call in an FLSA audit, obsessive time tracking might not be favorable evidence. But it does not seem substantial, and certainly not evidence per se of non-exemptdom.

    But please correct if I am wrong.

    Steve

    Steve McElfresh, PhD
    Principal
    HR Futures

    408.605.1870
  • JAMES THAT IS A GOOD PIECE OF WORK. HOPEFULLY THE NEW CHANGES TO THE LAW WILL CLEAR UP ALL THOSE WORDS. "DON" IT IS VERY EASY AND CERTAINLY WORTH WHILE, YOU CAN EVEN PRINT IT OFF AND INSTALL THE PROVISIONS INTO YOUR NEW COMPANY. NOW, IT STILL GOES BACK TO "WHY ARE WE WANTING TO CONTROL THE EXEMPT'S COMING AND GOINGS". GET IT OUT OF THE HR ARENA AND PUT IT IN THE LAPS OF THE MANAGEMENT. LET THEM WORRY ABOUT THE FACT THAT ONE OF THEIR TEAM IS SLOW TO GET BACK FROM LUNCH OR FAST TO GET TO THE "PORK TABLE" A LITTLE AHEAD OF THE CROWD.

    JAMES HOW DID "DANDY DON" GET TO KEEP HIS POSTINGS AND TRANSFER THEM FROM ONE COMPANY TO A NEW COMPANY. HE WILL REALLY CATCH THE EYE OF ALL THE NEW READERS AND HIS WORDS MIGHT CARRY MORE WEIGHT THAN THOSE OF US WHO ARE MORE CONCERNED FOR OUR PRESENT COMPANY AND THE AMOUNT OF HR TIME SPENT TEACHING AND LEARNING FROM THIS FORUM.

    MAY EVERYONE HAVE A BLESSED DAY, AND MAY GOD CONTINUE TO BLESS AMERICA and OUR MILITARY FORCES, AND SISTER TERESA, TOO (P.S. you should open your HRero Profile, the Sister Teresa would be more believed). PORK
  • Pork: Will you please shut the hell up about my number of postings! You've been harping on that for 9 months. The content of a post is what's important, not some stupid number which indicates nothing more than an itchy trigger finger. I didn't change my sign on or my password, so the system, having no brain of its own, does not know that my desk now faces South instead of East. x:-)
  • Don - I appreciate all your fine advice over the last several months - keep it up.

    At my office we do track exempt time - because we have to apply the billable time against projects - sort of like an engineer or architect's time against a client. We also track PTO via time sheets. This in no way is used for payroll info - just project management and cost accounting - and it costs my company dearly to maintain all this data. Our client billing is then generated from the time spent on the project. We keep the time sheets in a totally separate department from payroll.
  • In the company I currently work for, exempt employees are NOT required to complete a time sheet of ANY kind. They are the ones responsible for tracking their vacation time as well. Each exempt employee knows what is needed to get their job done and some weeks it requires more hours than others and they work accordingly. If the manager for a specific department feels that an employee is not getting their job done, it is dealt with on a disciplinary level regarding performance and if their attendance is contributing to the problem, it is dealt with as well. I have been at this company for one year and only have one exempt employee we are having problems with but all other exempt employees have responded in the way you would expect people in these positions to act - in a professional, responsible manner who know what their job is and get it done accordingly.
  • Ok here's one for all of you. An exempt employee goes to a seminar 35 miles north of their normal work location. The seminar ends at 12:30 and they take an hour for lunch (now it's 1:30) and do not return to work, but go home because to travel back to work would take an hour making them arrive at 2:30 only to have to turn around at 5:00 to go home. They put 9-5 with 1 hour for lunch on their time sheet. Your thoughts on this?
  • Well you can't do anything about the pay, but you can discipline them for absence from work without permission! Even exempts should have approval required to "take off" whether for a whole day or a half day. Tks, Barbara
  • Most of our exempt people who were planning not to return to work would just state they would be at a seminar at such and such a date and would not be back until the following day. Chances are, they would have to work over on the day they returned the play "catch up". Others would come back if they had something pressing they needed to catch up on.

    We normally don't have too much trouble with our exempt level people as they typically work over 40 hours a week, so it's not a problem if they don't come back for a couple of hours on a seminar day. Most of our exempts are pretty good at policing themselves. They know what has to be done and accomplished in their jobs and they are held accountable for getting the work done.

    If we do, by chance, notice that an exempt person typically is not working a full schedule week after week, it is called to their attention...but most of the time you can tell by the lack of work they are getting accomplished.
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