Legal Question in Employment Law in Florida

Exempt employee being treated hourly?

Hello. If an employee who is in an exempt position requests to leave early on one day and then to come in late on another date due to doctor appointments etc... can that employee's manager legally ask that time to be made up? To be specific, can a manager ask an exempt employee to come in early or stay late to make up hours? And interestingly, this is a manager of human resources who I feel is really testing limits here.


Asked on 8/01/06, 11:52 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Exempt employee being treated hourly?

If you are paid a salary and are classified as exempt, your employer's election to require you to "make up" missed time or be subject to partial day deductions could very well destroy the exempt status that may otherwise apply - - and thus potentially entitle you and other employees to overtime compensation when worked. Please consult with an attorney to learn more about your rights and please feel free to contact us for further assistance.

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Answered on 8/01/06, 5:28 pm


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