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Feb22

Tracking Exempt Employees’ Hours

Can you tell me if I need to track exempt employees’ time in the following states: IL, PA, CA, OH, GA, Washington State, NJ, NY, CT?

The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, employers are required to keep track of certain records for non-exempt employees including hours worked each day and hours worked each workweek. Though employers are permitted to record and track hours worked by exempt employees, there is no requirement to do so. However, some states have adopted their own wage and hours laws that require more recordkeeping than the federal law including some of the states you inquired about.

We couldn’t locate any laws requiring the tracking of exempt employees’ hours worked in PA, CA, OH, GA, WA, NJ. Such laws exist in IL and CT.

Section 300.63 of Illinois Labor Code expressly requires the tracking of exempt employees’ hours worked:

“Regardless of an employee’s status as either an exempt administrative employee, executive or professional, every employer shall make and maintain, for a period of not less than 3 years, the following true and accurate records for each employee: the name and address, the hours worked each day in each work week, the rate of pay, copies of all notices provided to the employee as required by subsection (d), the amount paid each pay period and all deductions made from wages or final compensation. Additionally, any employer that provides paid vacation to its employees must maintain, for a period of not less than 3 years, true and accurate records of the number of vacation days earned for each year and the dates on which vacation days were taken and paid.”

Under Section 31-60-12 of Connecticut’s Administrative Regulations, employers are required to maintain certain records for each employee including:

 (1) His name;
(2) his home address;
(3) the occupation in which he is employed;
(4) the total daily and total weekly hours worked, showing the beginning and ending time of each work period, computed to the nearest unit of 15 minutes;
(5) his total hourly, daily or weekly basic wage;
(6) his overtime wage as a separate item from his basic wage;
(7) additions to or deductions from his wages each pay period;
(8) his total wages paid each pay period;
(9) such other records as are stipulated in accordance with sections 31-60-1 through 31-60-16;
(10) working certificates for minor employees (sixteen to eighteen years).

 

Connecticut’s regulation doesn’t specifically state both non-exempt and exempt employees, but it doesn’t exclude exempt employees either. Thus, it may be best to err on side of caution. Otherwise, consider contacting the local DOL.

It’s worth noting that even though tracking exempt employees’ hours worked is permitted and sometimes required, deducting from exempt employees’ salaries is only allowed in limited circumstances under the FLSA and some state laws.

HTH!

This entry was posted on Wednesday, February 22nd, 2017 at 1:58 pm and is filed under
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