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exempt employee time tracking/tardiness
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exempt employee time tracking/tardiness
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2 of my 30+ employees are exempt (set salary). Everybody is assigned a shift which they have to be present for. Would it be under the fair practices to have different policies for non-exempt employees
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exempt employee time tracking/tardiness
posted at 6/23/2006 9:01 AM EDT
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Posts: 3
First: 6/23/2006 Last: 6/23/2006 |
2 of my 30+ employees are exempt (set salary). Everybody is assigned a shift which they have to be present for. Would it be under the fair practices to have different policies for non-exempt employees vs exempt employees?
Reason for asking: one of the exempt employees is arriving consistantly late (later than grace period as well). I also have a non-exempt employee in the same situation. (i know i cannot dock pay for the exempt employee but can for the non-exempt.) if i discipline the non-exempt employee but dont discipline the exempt employee - would this cause me legal headaches? (I figured it could be justified due to the employment status, exempt vs non-exempt.) |
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exempt employee time tracking/tardiness
posted at 6/23/2006 9:33 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
There is nothing wrong with disciplining an exempt employee for being late. Being "exempt" only makes one exempt from wage and hour laws, not from workplace rules.
While you can't dock pay as you can with a non-exempt employee, you can warn this individual to show up on time. Start with a verbal warning (take notes and keep them. If the behavior continues, write a written warning that documents the tardy incidents and also specify what will happen if there are further incidents (usually something along the lines of "If you do not comply with our attendance requirements, you will be subject to further disciplinary action which may include termination of your employment". And if the behavior persists, apply the further disciplinary action. |
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exempt employee time tracking/tardiness
posted at 6/23/2006 9:41 AM EDT
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Posts: 3
First: 6/23/2006 Last: 6/23/2006 |
well - the delemma that i'm having here is that i favor the exempt employee. the quality of work is exceptional - a million times better than his/her predecessor.
if i dont discipline this employee but DO discipline the non-exempt (hourly) employee, would that be in violation of any laws? (meaning, would i survive a legal battle, if taken that far by the non-exempt employee?) |
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exempt employee time tracking/tardiness
posted at 6/23/2006 9:51 AM EDT
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Posts: 210
First: 1/4/2003 Last: 7/11/2011 |
Why would you NOT discipline the exempt employee? What purpose would it serve to not address an employee's tardiness?
Addressing one employee and not another for the same behavior could create a morale issue. If the exempt employee and non-exempt employee are members of different protected classes (say they are of different races or different religions) then the employee who is addressed could perceive that to be the reason for the disparate treatment. |
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exempt employee time tracking/tardiness
posted at 6/23/2006 10:03 AM EDT
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Posts: 3
First: 6/23/2006 Last: 6/23/2006 |
I do want to discpline - but dont want to terminate if it continues.
(and as i mentioned - reason is because with the exception of the few minutes delay in arriving, the employee is outstanding - hard to find again.) (2) and, would it be acceptable to get around this situation by not tracking the exempt employee's times? |
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exempt employee time tracking/tardiness
posted at 6/23/2006 11:40 AM EDT
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Posts: 16
First: 4/26/2006 Last: 3/18/2008 |
Just because a person is a good worker doesn't mean they can do whatever they want. Be fair and discipline both the same for the same issue, this is not a performance issue it is following company policy. |
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exempt employee time tracking/tardiness
posted at 6/26/2006 2:12 AM EDT
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Posts: 210
First: 1/4/2003 Last: 7/11/2011 |
Tell the exempt worker the same thing you posted here - that they are a terrific employee is almost every way, but their tardiness is against policy and it puts you in the difficult position of having to discipline them. You clearly don't want to discipline the employee but haven't much choice. If they really are a great employee I'm guessing they'll straighten up. |
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exempt employee time tracking/tardiness
posted at 6/26/2006 4:39 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
I once worked for a very bright CFO as the HR director for a mid sized company. We had a similar situation, and the CFO observed that most professionals don't get fired because they can't do their job, they get fired because of their "style". What he meant was that people don't get fired for what they do, but how they do it.
In this case, your exempt employee is flouting the rules and that will be noticed by other employees. That'll create a morale problem. I'd also suggest that an inability to conform to one rule might prove to be an inability or unwillingness to conform to others. Employees aren't allowed to pick and choose which workplace rules to follow and which ones not to. |
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exempt employee time tracking/tardiness
posted at 7/4/2006 4:17 PM EDT
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Posts: 35
First: 1/20/2006 Last: 12/9/2008 |
I agree with Nork3. Also, I'd tell the exempt employee when you counsel them regarding their behavior, that as an "exempt" employee you expect them to be setting an example for other employees and you need their compliance. |
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exempt employee time tracking/tardiness
posted at 3/11/2011 4:30 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Mazirra:
You've dragged up a post that's 5 years old and replied with off topic information intended to promote your own products. Kindly take your cheap marketing (and probably products) elsewhere. |
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