Non-exempt salaried employees are the ones most likely to work off the clock and not be paid. Non-Exempt Employees Working off the Clock When determining whether an employee can use on-call time for personal purposes, courts look at whether there are excessive geographical limitations on an employee’s movements, whether the frequency of calls received or a fixed time limit for response is unduly restrictive, whether the employee could easily trade on-call responsibilities, whether use of a pager could ease restrictions, and whether the on-call policy is based on an agreement between the parties. However, the employee is entitled to on-call pay when the on-call conditions are so restrictive or the calls so frequent that the employee cannot effectively use that time for personal purposes. The on-call time isn’t even compensable if the employee has to carry a pager and report to work within a specific, reasonable time period. This is true so long as the employee is free to engage in personal activities when he or she is on call. An on-call employee who is not required to remain on the employer’s premises, but is only required to notify the employer where he or she may be reached is not working while on call. Whether time spent on-call is compensable is a very fact-specific question. While all hourly employees are non-exempt, there are both exempt salaried employees and non-exempt salaried employees. Non-exempt employees are entitled to overtime pay and exempt employees are not. However, it is actually the distinction between exempt and non-exempt employees which is relevant for timekeeping purposes. Many employers incorrectly believe that the important distinction for timekeeping purposes is between hourly and salaried employees.
Hourly employees are only entitled to be paid for the hours that they actually worked.
15 mins for work clock full#
Salaried employees are entitled to receive their full amount of base pay if they work any hours during a work period.
The FLSA requires that time records show the date and time a worker’s workweek starts, the number of hours worked each day, and the total hours worked during the week.
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