Legal Question in Employment Law in California

Re: Exempt Status - Managerial required to punch a timecard

Your employer does not automatically transform exempt employees into non-exempt employees merely by requiring the employees to punch timecards just as the non-exempt employees do. It is what the employer does with that timecard information that could place the company at risk of an adverse finding regarding overtime. For instance, if the exempt employees are docked for sick leave or personal time, that would effectively transform them into non-exempt employees. If the employer does not use timecard information to adjust salaries (i.e., turn them into wages), then they are not doing anything illegal.

There is no particular statute that defines in detail what is an exempt v. non-exempt employee. This guidance has come about mostly through court cases and Labor Commission decisions and opinions.

Good luck.

Re: Exempt Status - Managerial required to punch a timecard

I'm sorry to tell you but you are wrong. There is nothing improper about requiring managerial personnel to punch time cards. Many employers have legitimate reasons for keeping track of the hours worked by all its employees. They simply cannot deduct an exempt manager's pay for hours missed during the work week.