Yes. In a March 10, 2006, opinion letter (FLSA2006-6), the Department of Labor confirmed that an employer can require exempt employees to record hours worked without jeopardizing their exempt status.

Some management staff and employees may be challenged by this fact; however, there are legitimate business reasons for holding employees accountable to such a requirement. For example, when there are billable hours or an employer desires to simply track hours worked for performance and attendance purposes, it is the employer’s business prerogative to do so.

The employer may define the work hours and hold the employee accountable to the specified schedule without affecting the exempt status under the Fair Labor Standards Act. Often, employers will establish core hours as a measure of flexible scheduling.

The best practice for employers is to have a written policy to notify employees of any established requirements. The written policy would state the requirement, in this instance, to record and track hours as well as the method for recording hours.

In addition, employers may implement a policy outlining work hours, the need to comply with recognized schedules and the ramifications of noncompliance.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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