6 ms·

FYI, it goes both ways. An exempt employee chooses their own hours. If the company tries to dock them for working less they'd immediately become non-exempt.

dragonwriter 6y ago
> If the company tries to dock them for working less they'd immediately become non-exempt. This is false. First, the relevant rule that is kind of like that is the “salary basis” rule, which doesn't apply to all exempt employees; for instance, it does not apply to “Computer professionals who are paid on an hourly basis at a rate not less than $27.63 per hour.” Second, even for exempt employees subject to the salary basis test, they can be subject to workplace conduct rules requiring a set schedule and be subject to disciplinary dock for failing to comply with that conduct rule. The structure of the dock needs to make sense as a disciplinary dock and not be a de facto shift to non-salary pay, but there is absolutely no rule in US federal labor law that “an exempt employee chooses their own hours”.
- greggman3 6y ago
  Are you sure? This department of labor letter seems to state otherwise https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/2006_05_12_15_FLSA.pdf https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/2006...
  - dragonwriter 6y ago
    > Are you sure? Yes. > This department of labor letter seems to state otherwise That letter doesn't deal with even the question of what effects the status of exempt employees, since it deals with rules applicable to, and I quote from the letter itself, “salaried non-exempt employees.” Even so, while it finds the specific conduct being addressed was prohibited, it articulates a rule similar to the one I discuss for exempt employees subject to the salary basis test, stating that, “an employer may take a disciplinary deduction from an employee’s salary for willful absences or tardiness or for infractions of major work rules.”
bitwize 6y ago
But the employer chooses what needs to be done and the time frame for completion. You can choose whatever hours will let you complete the assigned work. Just complete it or you're fired.

dragonwriter 6y ago

> If the company tries to dock them for working less they'd immediately become non-exempt. This is false. First, the relevant rule that is kind of like that is the “salary basis” rule, which doesn't apply to all exempt employees; for instance, it does not apply to “Computer professionals who are paid on an hourly basis at a rate not less than $27.63 per hour.” Second, even for exempt employees subject to the salary basis test, they can be subject to workplace conduct rules requiring a set schedule and be subject to disciplinary dock for failing to comply with that conduct rule. The structure of the dock needs to make sense as a disciplinary dock and not be a de facto shift to non-salary pay, but there is absolutely no rule in US federal labor law that “an exempt employee chooses their own hours”.

greggman3 6y ago
Are you sure? This department of labor letter seems to state otherwise https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/2006_05_12_15_FLSA.pdf https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/2006...
- dragonwriter 6y ago
  > Are you sure? Yes. > This department of labor letter seems to state otherwise That letter doesn't deal with even the question of what effects the status of exempt employees, since it deals with rules applicable to, and I quote from the letter itself, “salaried non-exempt employees.” Even so, while it finds the specific conduct being addressed was prohibited, it articulates a rule similar to the one I discuss for exempt employees subject to the salary basis test, stating that, “an employer may take a disciplinary deduction from an employee’s salary for willful absences or tardiness or for infractions of major work rules.”

bitwize 6y ago

But the employer chooses what needs to be done and the time frame for completion. You can choose whatever hours will let you complete the assigned work. Just complete it or you're fired.