What to do regarding overtime if I have a paranoid boss that is asking all of his salaried employees to clock-in and out?
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What to do regarding overtime if I have a paranoid boss that is asking all of his salaried employees to clock-in and out?
We all typically work 50-60 hours per week. We are all pretty offended. Since we have hourly employees that get paid overtime for their work week when it exceeds 40 hours, if we start being required to clock-in too, will they have to pay overtime to us (as they do our hourly employees)?
Asked on January 28, 2013 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I'm afraid not. The fact is that a salaried employee can work as is needed and required by their employer. And keeping track of employees hours in this manner does not necessarily change that fact. However, just because you are salaried doesn't mean that you are automatically "exempt" from certain labor laws. Being paid on a salary basis is part of the test for most forms of exemption, but it's not the only part. It is possible to be salaried and still get overtime. Basically, exempt employees are: Management (ie you supervise other people and have have considerable discretion in your work); Professionals (your job requires advanced or technical training such as an engineer, accountant, lawyer, etc); Administrators (if you exercise considerable discretion in your position). If not, then you are a non-exempt employee and work time is paid time and any hours that you work over 40 per week it has to be paid as overtime.
At this point you should go to the Department of Labor's website and check to see whether or not you are considered to be an "exempt" or "non-exempt" employee under the law.
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