Legal Question in Employment Law in Texas
Does a salaried employee have to track their hours?
As a salaried employee I am exempt from receiving overtime pay, but my question is whether or not my employer has the right to demand I use a time clock to track how many hours a week I work. We must clock in and out in the mornings, afternoons and when we go and come for lunch. Also, other salaried employees at my workplace are entitled to overtime pay but they do not receive the normal time and a half. They receive the equivalent of the hourly wage they would earn if not salary. I was informed that both these matters are illegal.
1 Answer from Attorneys
Re: Does a salaried employee have to track their hours?
You are entitled to overtime pay if you are entitled to it, whether you are salaried or not. Just because you or anyone else at your company is not paid an hourly wage does not change that. You and your fellow employees may well be entitled to time and one-half for all hours over 40. It's actually a good thing that you have been "on the clock" as it may make a monetary award, and perhaps a significant one, to all of you easier to obtain.
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