What to do regarding overtime if I have a paranoid boss that is asking all of his salaried employees to clock-in and out?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption