Clocking in for salary employees?

[oldtrader]

Houston3, your little story does not hold water.

The following is a clip from the FLSA which covers what is under discussion.

Rights of exempt employees.

An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions). Nothing in the FLSA prohibits an employer from requiring exempt employees to "punch a clock," or work a particular schedule, or "make up" time lost due to absences. Nor does the FLSA limit the amount of work time an employer may require or expect from any employee, on any schedule. ("Mandatory overtime" is not restricted by the FLSA.)

Note the FLSA says: An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions).

The IRS does not tell an employee they can't force a company to not use time cards or clocks. The IRS does not tell an employer to pay back overtime to an employee. The IRS has nothing to do with employer, employer relations.

The IRS is the Internal Revelue Service, and is only concerned if you, your employer, and everyone else including all businesses, investors, etc., pay their income taxes, and other federal taxes.

[Houston3]

Originally Posted by stephen431

The IRS gave you a merry gift my friend...

The IRS doesn't enforce FLSA labor laws. They enforce ERISA & COBRA. They didn't have to say anything to your employer about the time-sheets. (Maybe the time-sheet affected benefits, but still...)

Also, employers CAN track the hours worked by salaried employees for purposes of tracking FTEs & budgeting purposes or for labor forecasting. They just can't (with some exceptions) use them as a basis for varying the employees salary.

And I will repete to you also......this was years ago....and it was the IRS doing an aduit on a nonprofit......

[jimj]

Originally Posted by oldtrader

Houston3, your little story does not hold water.

The following is a clip from the FLSA which covers what is under discussion.



Note the FLSA says: An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions).

The IRS does not tell an employee they can't force a company to not use time cards or clocks. The IRS does not tell an employer to pay back overtime to an employee. The IRS has nothing to do with employer, employer relations.

The IRS is the Internal Revelue Service, and is only concerned if you, your employer, and everyone else including all businesses, investors, etc., pay their income taxes, and other federal taxes.

I don't disagree with what you wrote but there's a few other things that need to be highlighted.

1. Notice the word "exempt". There's many things an employer can do that would move you from exempt to "non-exempt" or show that you were classified incorrectly to begin with. Both of these things happened in my case.

2.Notice the words "any work". That means exactly what it says. If you come in for 1 hour and do any work you've fulfilled that requirement.

3.If you do perform "any work" you must be paid your full base salary.

When I was discussing all this with my attorney he said that many employers classify their employees incorrectly either by design or ignorance or, in the case of my employer they knew what they were doing was wrong (as they told me) but until someone (me) forced them to cease they would continue to do so.
As for time clocks, we had to to several different versions of this, from logging our hours in different cost centers each day to actually filling out a time card. Eventually they figured out that it was a waste of everyones time since they really meant nothing.
I think it was the payroll dept head that convinced them to stop.