tardy and exempt


We have a exempt employee that comes in late a few times a week - ranges from a few minutes late to 2-1/2 hours late. Can we write him up for being late on a consistent basis? or can we require for him to work at set times, example 8:30 a.m. to 5:00 p.m.?



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  • Although you can expect to hear from others about the meaning and 'privilege' of exempt, you are within your rights to establish core hours for your exempt employees, as a group, by occupation, or individually if you like. Deviation from that can be disciplined. Exemption does not equal a ticket to come and go as one pleases, although that's not an uncommon perception.
  • LivinD is correct. You can even use some sort of time clock to track attendance. Just don't use it for pay purposes.

    Go ahead and start the discipline process, but be ready for the "complaint by comparison" feedback. The EE will undoubtedly describe any number of his/her fellow workers who also abuse attendance.

    Consistent treatment is important, but each EE must stand or fall on their own record.
  • Along with the discipline process, you might consider docking his vacation/PTO account. I know that some will argue that is not appropriate in an exempt employee situation, but I've been advised differently. Something to consider anyway...
  • Companies get to set the standards for their jobs. For an exempt person that means that hours can be set, but the employer should be reasonable in making exceptions (employers prerogative)if the job is getting done.
  • Even exempt employees can have a "schedule" they are to work. If they are not coming in on time, they should be accountable to the same standards as your non-exempt ee's and should be treated the same as per your company attendance/tardy policy.
    We had the same opportunity a few years back. We didn't dock their pay but we did complete counseling forms and it seldom went past the first counseling, once they understood they were responsible to be at work on time, same as everyone else.
    Good luck...
  • AMERCY: Give yourself a break and let the management chain do the policing of the Salaried individuals, as well as, the non-exempt employees. HR has got a lots more to worry about than the comings and goings of an EXEMPT employee.

    It is not our job in HR to be the time clock police. When it is an issue, I provide to the person who is concerned about any EXEMPT's coming and going, a piece of paper which lays out the employee policy and handbook information and ask them to see the individual's boss.

    The next thing the company will have to do is start paying premium for the extra time, before and after the 8 to 5 time clock for EXEMPTS who provide their body, minds, and soles to the company 25 hours aday and 8 days a week. I am an EXEMPT employee and I work the hours called upon for my company and that includes before, after and week-ends, without the first cry for compensation for the extra hours worked over 40.

    I am in the office by 7:00 Am every morning and usually at my desk during the lunch period, I also usually close the office building in the afternoon after everyone is out and on the way home. I am known as a "GO TO Guy" when any body needs a decision or any project completed within my area of expertise they come to me for action.

    The owners like it that way and so do I, so take the issue up with the concerned individual and send him to see the EXEMPT's BOSS. His/her BOSS might like it that way.

    MY HR assistant comes in at about 8:20 each morning during the week and when I need her to help me with a special project, she is always there with me and she gets paid, accordingly, with O/T or regular time depending on what the circumstance may be. Do I get paid for those extra hours, yes I have a job, I love it and this company that is the correct pay for an EXEMPT. I do not wish to watch the windows for the employee's to be keeping track of my comings and goings. To do so would question my Honor and Ethics, my time and productive or non-productive work is a matter between my boss and no one else but me.

    Leave it that way and you and all the other non-EXEMPTS can live a better and more comfortable life in the World of Work.


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