Expert: Shirley McAllister, CPP, PHR - 5/26/2011

Question
We have a few hourly employees and several salaried employees. I want to put a time clock in for all hourly employees to punch. Our business manager says we can't do that unless we make the salaried employees punch the time clock too.  I can find no law that says if you have a time clock all employees must use regardless of their status (salary, exempt, non-exempt, hourly).
Our business is in the State of Washington and a religious non-profit.  Can we just have the hourly employees punch the time clock?

Answer
You could just have the hourly employees punch in and out that is permissible. It will probably cause hard feelings against the salaried employees because they do not have to punch in and out.This could cause problems with morale. Many companies just have everyone check in and out saves a lot of hassle.

It is perfectly legal to only have the hourly punch in and out.
It is also legal to have everyone punch in and out.

This would be a company preference and would depend on how the company wishes to have it done.

All non exempt should definitely punch in and out whether paid by hour or salary. Non exempt would not need to because they are not paid on an hourly basis. non exempt salaried would because they are still hourly even though they are paid by salary.

If you split the staff it would be permissible for non exempt punch in and out and exempt not to punch in and out.

It is also not illegal for exempt to punch in and out but they could not be penalized for working less than a full day if they work part of a day they must be paid the whole day. It is illegal to dock hours it is not illegal to ask them to punch in and out.


Shirley