Thumbnail image for PunchClock9472033.jpgQ. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even if it’s not required, should we?

A. Like many legal questions, the answer is “it depends.” The first question is somewhat easier. The FLSA requires employers to maintain accurate records of the hours worked by non-exempt employees, but not for exempt executive, administrative, or professional employees. If your employees work in a jurisdiction that does not have its own additional recordkeeping requirements, then no, you are generally not required to keep records of your exempt executive, administrative or professional employees’ work hours. 

However, some states do have their own recordkeeping requirements. 


Continue Reading Do we have to keep track of exempt employee time? [Wage & Hour FAQ]

Thanks to all of our clients and friends for such a great turnout at today’s webinar on the new DOL overtime exemption rules and the Administrator’s Interpretation on independent contractors. In case you missed the webinar, or if you just want to go back and review the materials and recording, you can find both

Basics-12254761.jpg
As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations requires employers to compensate employees on a salary basis (currently $455 for white collar exemptions, but likely rising to around

The DOL continues to deliver on the promise of its busy summer. This morning, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil announced a new, 15-page Administrator’s Interpretation in a DOL blog post that stressed the FLSA’s expansive definition of employment and reinforced the WHD’s position that most workers qualify as

FAQs17489126.jpgAs you undoubtedly know by now, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing the “white collar” exemption for executive, administrative, and professional employees. For our comprehensive discussion of the changes in the DOL’s Notice

In our last post, we discussed the calculation of the “regular rate” and some of the complexities of determining what constitutes “remuneration” under the Fair Labor Standards Act (FLSA). Commission is one of the additional forms of compensation that you must include in a non-exempt employee’s regular rate. Such a calculation is relatively straightforward

FAQs17489126.jpgWe discuss the misclassification of non-exempt employees regularly here on the blog and in our presentations at conferences and webinars, but a reader of the blog wrote me before the holiday weekend to ask about the reverse situation. The reader’s company has previously determined (correctly, we’ll assume) that some of its employees meet the “computer