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8 Hour Day

FLTFLT 3 Posts
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I sure would appreciate some advice/comments. We have an exempt employee who is disgruntled but performs his job adequately. He has flatly stated that he will put in his 8 hours but for us not to expect anything else from him. Monthly he has to work on Saturday, inventoring our warehouse. Today he sent me an email informing me that because he will work next Saturday he is leaving 30 minutes early on days he has a night academic class.
Because he is exempt, may we deny him that opportunity or is the standard an 8 hour day? I don't have a problem rewarding hard working employees but this guy is exempt but demanding "comp time." We are located in New Mexico. Thank you in advance for your comments/help.
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  • Don DDon D 9,834 Posts
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    Currently, comp time for exempt employees in the private sector is not allowed under the Fair Labor Standards Act. But, the larger issue is an employee, any employee, who is verbally and through email mandating what he will and will not do. His manager, with guidance from HR, needs to have a 'come to Jesus' meeting with him and read him the riot act. He works a typical assigned schedule or he finds another place to work.

    If the guy had half a grain of sense, he could get what he wants by backing off and asking for consideration and a little flexibility. But, it is obvious he is headed for destruction.
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  • dynamite9551dynamite9551 113 Posts
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    gee who's the boss? i think comp time is ok as long as this employee is not hourly AND as long as comp time when used, is approved. so you do have some latitude in when comp time is taken. if he truly is only working 8 hours per day, and is refusing to work overtime perhaps he should be changed to an hourly employee - this also makes it easier to control hours of work/schedules - and comp time is not permitted for hourly employees. in any event - when in doubt check with HR or legal counsel.

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  • POPEYEPOPEYE 958 Posts
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    Dynamite - Unless the great Commonwealth of KY has been given exemption from the FLSA, what Don D. wrote is correct. Unless you are in the public sector, there is no such thing as "comp" time. Now.. there is nothing wrong with an ER telling their exempt EE that worked 12 hours Monday - Thursday that it is OK for them to leave a couple of hours early on Friday and come in a couple of hours late on Monday. No "tracking" of time, just a little thank-you for working so hard or at least that is my interpretation of how a true "exempt" position should be handled.
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  • marcmarc 3,126 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 09-17-04 AT 12:54PM (CST)[/font][br][br]I agree with Don - the attitude is the red flag. Thee EE and ER agree on a wage for work and the ER gets to set what the work looks like with respect to it's details, including expected attendance, exempt or not. Once the EE unilaterally tries dictating a different arrangement, the ER needs to remind the EE of the parameters of the agreement. The EE can abide by that or free up his future to find a more compatable employer. A sit down to clarify his position is in order. The superviosr talks, the EE listens, and HR observes. At the end of the conversation the EE either affirms his understanding and agreement or he packs his bags and moves on.

    Edit: I would add that in our shop the 8 hours is not the guiding factor, it is getting the work load accomplished. That often requires the EE to be on station at set hours to interact with clients and co-workers. If the EE is not doing these things, then the conversation ensues.

    Has something happened to change his attitude? Oft times there is a perception of a lack of fairness that needs to have a bright light placed on it to get the EE back in the fold - perhaps a little counseling along with the meeting clarifying the parameters of your work arrangement.
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  • E WartE Wart 719 Posts
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    Is he the only one doing this job? If so, there is nothing to stop you form paying him hourly. (However, you shouldn't have people doing the same job with some hourly and some salaried.) Sounds like that is what he wants to be and is acting like. Then give it to him and see how he likes it. Otherwise, I think you have a performance problem (unless he is getting his total job done and he isn't needed during the times when he demands to be off.) Sounds like you need to have a meeting of the minds with him.
    E Wart
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