Recording hours worked for a salaried employee in NY
I am a salaried retail manager, the company has me put myself in for 1 hr worked to be paid, yet where and are they required to document an employees time worked. If the claim was I worked 7 days straight without a day off how would I prove that?
1 answer | asked Apr 13, 2008 5:56 PM [EST] | applies to New York
Answers (1)
Retail Store Managers and Overtime Compensation
Your query actually raises a lot of questions.
The first question that comes to my mind is whether you are entitled to overtime. Whether you are salaried or not is not critical. The question that is critical is whether you are exempt or non-exempt. Employees are generally considered to be non-exempt, and, thus, entitled to overtime. The employer has the burden of showing that an employee is exempt.
Exempt employees are not entitled to overtime, although an employer is free to give those employees something for the extra time they put in. That extra compensation can be pay or compensatory time, or a combination of both. Any extra pay for overtime might be time-and-half or straight-time, or something different.
If an employee is treated a exempt, the employer has to be careful that the employer treats the employee as exempt. Thus, if an employer were to dock an exempt employee for arriving a little late or leaving a little early, the employer could lose the exempt status for that employee, and become liable for overtime. In a lawsuit, the employee might be able to recover for unpaid overtime going back as long as 6 years.
Although an employer cannot dock an exempt employee for arriving later or leaving early, an employer can nonetheless keep track of an exempt employee's time. There are any number of reasons for an employer to keep track of an exempt employees overtime, including bill of customers and collecting data for evaluating productivity issues. An employer can dock exempt employees for full days they take off. So, an employer might track an exempt employee's time just to have something documenting that an exempt employee was at work.
posted by David M. Lira | Apr 14, 2008 10:54 AM [EST]
Your query actually raises a lot of questions.
The first question that comes to my mind is whether you are entitled to overtime. Whether you are salaried or not is not critical. The question that is critical is whether you are exempt or non-exempt. Employees are generally considered to be non-exempt, and, thus, entitled to overtime. The employer has the burden of showing that an employee is exempt.
Exempt employees are not entitled to overtime, although an employer is free to give those employees something for the extra time they put in. That extra compensation can be pay or compensatory time, or a combination of both. Any extra pay for overtime might be time-and-half or straight-time, or something different.
If an employee is treated a exempt, the employer has to be careful that the employer treats the employee as exempt. Thus, if an employer were to dock an exempt employee for arriving a little late or leaving a little early, the employer could lose the exempt status for that employee, and become liable for overtime. In a lawsuit, the employee might be able to recover for unpaid overtime going back as long as 6 years.
Although an employer cannot dock an exempt employee for arriving later or leaving early, an employer can nonetheless keep track of an exempt employee's time. There are any number of reasons for an employer to keep track of an exempt employees overtime, including bill of customers and collecting data for evaluating productivity issues. An employer can dock exempt employees for full days they take off. So, an employer might track an exempt employee's time just to have something documenting that an exempt employee was at work.
posted by David M. Lira | Apr 14, 2008 10:54 AM [EST]
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