Exempt Workers Can Be Given Mandatory Hours

Q I am an exempt employee with a large managed health care company. I would like to know if my employer can require me to be at work at 8:30 a.m. every day.

I had heard that under California laws, I might be considered a nonexempt worker and eligible for overtime pay. Is this true?

--A.M., Bellflower

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A Unfortunately, the answer is no. Employers can require exempt employees to report for work at a specified time.

Exempt employees can even be suspended or discharged if they are late. Under federal law, disciplinary suspensions for tardiness must last a full workweek. In addition, an employer cannot dock exempt employees’ wages for being late or leaving work early.

A pattern of suspending exempt employees for less than a full workweek for nonsafety related infractions, or of docking them for showing up late or leaving work early, may mean that the employees are not truly exempt. If so, the employees would be eligible for overtime pay.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman

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