exempt pay

Tammy · November 2001

We have a situation where an exempt employee is having different performance issues that are being discussed with him, and one of the issues is that the employee is conistently late to work, no matter what start hours have been negoitated with him ( the manager has allowed the employee to change starting times to accomodate them). It has become extremely excessive and employee does not respond to any counseling, verbal or written. Will it be in violation of FLSA to ask the employee to charge to vacation the time he was late to work ( from 15 minutes to an hour or so). It appears that at this time this is the only tool that is still left to assure he comes to work on time. Other than the severe abuse of starting time, there isn't enough grounds to take final disciplinary actions.

Down_the_Middle · November 2001

I think this a dangerous road----to pursue that his impending termination may be due to his tardiness. Tardiness implies some form of tracking and that contradicts his exempt status. It sounds as though "someone" wants the employee to be at work at an appointed time AND continue to keep him exempt. I think the preferred method here, is to address the work performance issues with his tardiness being part of that problem.

If your org permits exempt employees to take minimum of 1/2 vacation, then that might be an option, but eventually the vac will be exhausted and if tardiness doesn't improve........... Sounds to me as though a perf improvement plan s/b initiated and then monitored to see if tardiness (and performance improve). If they do, then kudos....... If they don't, then he s/b encouraged to be tardy somewhere else.

TheCol · November 2001

Partial removal of vacation time will not nullify an exempt status but partial docking of pay will. I don't like the idea of vacation allowance as a gift for violating company policy. Keeping track of exempt employee hours is not only allowed but desirable in the event some future occurance makes them forfeit exempt status and you will need an accurate "overtime" accounting. Violating company policy on attendance sets a poor example for the rest of the organization and weakens management's ability to manage. I recommend that you have a meeting with the person, provide a memo of understanding that attendance is a company policy, get the employee to sign acknowledgement of the understanding. (Normally this is far excessive but we have to counter a pattern of acceptance by you.) That done, the next time we're late to arrive we do the "What rhymes with hired and starts with an "f" quiz.

exempt pay

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