Non-Exempt Issues
Could off-the-clock work by your non-exempt employees be a disaster looking for a place to happen in your organization?
Once in awhile we’ll ask an employee, “How are you paid?” Often they’ll reply they’re salaried. Then we ask a second question, “What happens when you work more than 40 hours a week?” The typical response is “Nothing.”
The Wage and Hour Division has made off-the-clock work a priority and has significantly increased their staffing to investigate off-the-clock cases.
How might an employer get into trouble?
- Employees misclassified as exempt employees when they’re actually nonexempt employees.
- Unclear policies regarding overtime work of nonexempt employees.
- Inadequate supervision.
- Allowing employees to begin work prior to clocking in.
- Allowing employees to work after clocking out.
- Calling nonexempt employees on the phone during non work hours.
Some suggestions…
- Make sure your employees are correctly classified exempt and nonexempt.
- Upgrade your policies on overtime and off the clock working.
- Train or communicate about these policies.
- Enforce them.
executive advantage is an expert resource in helping organizations comply with wage and hour concerns. Don’t let off the clock work activity become a disaster for your organization.