Legal Question in Employment Law in Florida

Re: Exempt employee status

You have asked a number of related questions concerning exempt status under the FLSA. The determination of exempt status is often a difficult question to answer and will depend on a number of factors, some of which are missing from your question. In general, an exempt employee is paid for 8 hours a day even if they work less than 8 hours or more than 8 hours in that day. Asking an exempt employee to "clock-in" or or specify hours worked will not, just by itself, cause of loss of exempt status. However, if an exempt employee is required to clock-in AND is docked when working less than a full day it begins to look like they are being treated as a non-exempt employee. These are some of the factors a court would look at should that employee assert they really should have been classified as non-exempt and therefore should be paid for past overtime worked. As to your last question, I believe some companies often waive the waiting period for insurance coverage for key employees and as long as this perk is not handed out in a discriminatory manner I see no problem there.