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Employment Law/PTO Policy-Accountability by Salaried Employees

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Question
Hi,

I am the Payroll Supervisor for a large urgent care facility that has employees in different states.  The number of salaried employees are increasing daily and it has come to my attention that some salaried employees at corporate and at our multiple out of state locations are not logging personal/pto days taken.  This is basically stealing from the company.  

Is there a policy/rule, something that I/we can implement for salaried employees that will hold and make them accountable for the days they do not work and make sure they log pto.

We have a time keeping system that all employees clock in and out of as well as request pto, but salaried employees do not have to clock in.  Most "claim" they forget to put it in but we know that's not always the case.

Any assistance or ideas would be great.

Sincerely,

C Jones

Answer
This is a problem everywhere. Some companies are now asking salaried employees to check in and out. It is not illegal to do so as long as they are not docked partial days for doing so.  You can use the information to track days not at work.

There are no laws prohibiting you from having salaried exempt employees check in and out. If they protest have them show you the law that says it is illegal. They will not be able to do so as there is not such law.

It is just as easy for exempt to check in and out as it is for non exempt. Tell them what I did that it is for safety and security reasons. We need to know who is in the building at any given time in case of a fire or natural disaster so we can get everyone out.


Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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