#1  
Unread 04-30-2003, 04:53 AM
jerzal
 
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Default Time Cards for salaried exempt people?

Do employees that are salaried exempt ee's have to fill out a time card showing their actual hours worked?

Right now only our hourly ppl. are filling out time cards. But I wonder if we have to have the salaried folks do it too, as part of our recordkeeping obligations.

We are in PA.

Thanks!


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  #2  
Unread 04-30-2003, 05:17 AM
Lola815
 
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Default RE: Time Cards for salaried exempt people?

I have only heard this once and it was at the last HR conference I went to. I asked the lawyer who I was eating lunch with your same question and he told me that you should have exempt employees keep track of their time also. He gave the example of if your company were to have an wage and hour lawsuit where employees were classified incorrectly and you had to pay back wages for overtime, if you have time cards you would know how much OT to pay but if you didn't have timecards, then the employees would be allowed to guess how much OT they worked. Plus, wouldn't you want on record for each pay period if they took vacation time, sick time, etc?

I think the important thing to remember is that if a salaried exempt employee turns a time card in and it says he work 74 hours (not the full 80 hours) then you can not dock their salary. You can dock their vacation leave but not their salary.

Hope this helps.
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  #3  
Unread 04-30-2003, 06:24 AM
jerzal
 
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Default RE: Time Cards for salaried exempt people?

Actually, I keep track of people's vacation and personal time, but I was told that exempt ppl didn't need time cards. Being an HR person I knew I had to check into it though, for your exact reasons!
Jenn
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  #4  
Unread 04-30-2003, 07:30 AM
Parabeagle
 
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Default RE: Time Cards for salaried exempt people?

I have a system for tracking exempt vacation, PTO, sick leave, etc. but under no circumstances do any of our exempt people keep track of their hours.
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  #5  
Unread 04-30-2003, 09:20 AM
NaeNae55
 
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Default RE: Time Cards for salaried exempt people?

I think the lawyer mentioned above was a little too cautious. We have a timecard of sorts we give our exempt employees. It only has spaces for different types of leave though; there is no place to write hours worked. All leave is taken in full day increments, so if a person took off a day for vacation for instance, they would simply write 1 in the space next to the title "Vacation".

Remember two things: 1) If you have good loyal and happy employees, they are not going to exaggerate the time they have worked. 2) An honest employee is just as likely to forget some time worked as they are to remember it. In that case, a record of hours worked might put you in a worse position than if there had never been one.

If it makes you feel better, you might consider having the employees keeping track of such time but not submitting it to payroll. I would think making sure you have your employees properly classified would be easier in the long run though.

Good luck!
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  #6  
Unread 05-02-2003, 09:01 AM
Pork
 
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Default RE: Time Cards for salaried exempt people?

JERZAL: GO TO THE HR & EMPLOYMENT LAW AREA THERE IS A RUNNING DIALOG ON THIS VERY ISSUE. PORK
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  #7  
Unread 05-16-2003, 12:37 AM
djacobs475
 
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Default RE: Time Cards for salaried exempt people?

Parabeagle,

Just curious... what system do you use to keep track of it all?
I am in the process of researching an inexpensive, but good HR software that can keep track of vacation, PTO, exempt attendance, etc...

At the moment, each exempt employee hands in a spreadsheet of their attendance very 2 weeks and we keep track of it that way.

Thanks.
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  #8  
Unread 07-10-2003, 01:14 AM
jyenny
 
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Default RE: Time Cards for salaried exempt people?

Under what title?
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  #9  
Unread 07-10-2003, 04:48 AM
tkessler
 
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Default RE: Time Cards for salaried exempt people?

jyenny, do a search (to the left of this screen) for "time cards." The second link -- for "Time sheets" -- is probably the stream of discussion that Pork is referring to. Let me know if you have any trouble finding it. tk

Tony Kessler, director of editorial
M. Lee Smith Publishers LLC
(615) 661-0249 ext. 8068
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  #10  
Unread 07-10-2003, 05:54 AM
Shadowfax
 
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Default RE: Time Cards for salaried exempt people?

There is a split in the federal circuits as to whether or not time keeping by exempts destroys the exemption. I think most folks (including the DOL) agree the better rule is that it does not. Someone mentioned they thought it was a good idea - and I agree - because if you face a question of whether the exempt status was legitimate, and lose, you can bet your bottom dollar the ee has kept track of his/her time, and their record controls in the absence of emp/er records. I insist some form of time records be kept, but I would never require time clock punch. I prefer to have ee fill out form for their supervisor to initial each payroll period indicating gross hours (on a daily basis) and use of PTO. As for deductions from PTO, I think in order to meet the exception to the general rule that an exempt must be paid a full weeks sal for any week in which work is performed, the regs require a full days absence when the employee is absent for personal reasons 541.118(a)(2).
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