Federal law regarding exempt employees...

Question

I recently had a co-worker tell me that "exempt" (or salaried) employees can simply call into work, check on how things are going, give a few orders for what needs to be done, hang up the phone, and they've completed a day's work.

I find it hard to believe that such law exists that you can simply make a 5 minute phone call, and you're considered having worked that day. We live in Alabama, and the state has very few labor laws, and simply abides by all federal laws. I've already checked the Alabama labor law information and found nothing even close to this...so, I was wondering if anyone had anymore information or if they've ever heard this before.

Answer 1

First of all, exempt isn't the same as salaried.  Salaried just means that you get paid the same amount every pay period for your base pay.  Exempt means that the company doesn't have to pay you time and a half for overtime.  Many people are salaried, but not exempt.

Your friend is very confused.  There is no law that says you can just call in and then be done with your work day.  Try that, and you'll be out of a job real soon.  It's OK if your employer allows it, but I can't imagine there are many who would, unless the employee is working offsite that day.

Answer 2

That type of arrangement is a contractual arrangement between the employee and the employer.  No Federal law governs how much or little an exempt employee must work.

In fact, I know very few employers who would let an employee get away with this type of behavior.  Usually, the employees who "call in for 5 minutes" are working off-site, say at a customer's premises (troubleshooting) or are at some sort of function like a training course, conference, etc.  It could also be that the employee telecommutes and is actually working at home or in a satellite office (many computer programmers do this) and that the phone call is just to check in to make sure nothing else has come up that preempts what they are working on that day.

Answer 3

That's so far from true it's sad.

Exempt employees are paid for their skills, not their time, therefore it's possible for them to work fewer hours than their hourly or non-exempt co-workers.  Truth is that generally exempt employees work longer hours and without any extra compensation for those extra hours.  They usually carry more responsibility and are held more accountable for myriad things than non-exempt workers.  

I put in 45 to 50 hours per week on average as an exempt employee.  At certain times of the year it's more than that.

However, if I don't show up at the office, I get docked vacation or sick time because we have a paid time off plan.  Most employers have such plans for their exempt employees and so they are docked when they don't show up at the office, just like everyone else.  The rules about how and when are a little different for them, but not to the extent you mention.

That would be a matter of the employer's policy, not the labor law, if an exempt employee could work from home with simply a phone call.  Not mandated by law at all.

Answer 4

If an employee is salary exempt there pay can only be docked for whole days missed. Sick days cannot be docked unless the employer has a bona fide sick pay policy. To understand deductions that are allowed go to this site.

http://www.dol.gov/esa/whd/regs/complian...

If the employer allows this to take place that is there choice, IF working from home is allowed then they would not be able to deduct a day for this. This is a matter for the employer they can require that the salaried exempt employee actually show up for work and if that employee fails to follow the employers policies for number of hours worked or number of days worked the employer can DISCIPLINE the employee and can change they way they will be paid in the FUTURE but the employer can not change pay from weeks already worked or deduct from pay for hours not at a site without loosing the ability to use the exempt status in the future. Here is some info about exempt status and how it is determined.

http://www.dol.gov/esa/whd/regs/complian...

whether or not a phone call from home is considered work is determined by what the employer allows. the employer can demand that the employee work from the employers location but they must make that determination clear and enforce it.