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If a non exempt employee is supposed to be at work at 8 and comes in almost 9, is this ok?

Whether tardiness is an acceptable practice in the workplace is completely up to the employer. There is no law that specifies when an employee must arrive to work.

The federal Fair Labor Standards Act (FLSA) establishes compensatory guidelines for employees. Under the FLSA, non-exempt employees must be paid for each and every hour worked. So, a non-exempt employee who is scheduled to arrive at 8 A.M. but doesn’t show until 9 A.M. need not be compensated for the one hour prior to his arrival.

Conversely, an exempt employee under the FLSA must receive his fixed predetermined salary for any week during which work is performed without regard to the quantity of work actually performed. So, an exempt employee in this scenario would still receive his fixed salary for the workweek.

An employer is able to require employees, either non-exempt or exempt, to use paid time off accruals to account for the time missed.
Some employers consider timeliness crucial to business operations. Such employers may impose strict guidelines and may discipline employees for being just 5 minutes late. However, other employers may not consider punctuality to be so essential and arriving an hour late may be overlooked, if not common. It’s completely up to the employer to consider its culture and business needs when deciding how important timeliness is to its operations.

This entry was posted on Tuesday, November 3rd, 2015 at 9:38 am and is filed under
Attendance Management.
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