Law That States Time Cards Must Show Time in & Time Out

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Federal law -- and some state laws -- regulate non-exempt employee pay. Employers are required to pay time and a half -- and in some cases, double time -- based on the number of hours worked per day or per week. For an employer to follow the federal and state regulations, accurate records must be maintained.

Fair Labor Standards Act

The federal Fair Labor Standards Act requires employers to maintain accurate records of the hours worked by non-exempt employees. Any method can be used to track hours, such as punching a time clock, recording the information manually, electronic badge scanners or using a login-logout code, as long as the procedure is accurate. To be accurate, an employer can have a written policy informing employees that they are required to show time in and time out and are responsible for the accurate recording of their work hours.

Non-Exempt Employee

The FLSA offers no definition for a non-exempt employee, and every employee should be considered non-exempt unless she fits specifically into the FLSA exempt category. While it is easier to define an exempt employee rather than define a comprehensive list of non-exempt employees, non-exempt employees generally fall into the following types of occupations: customer service representatives, office coordinators, skilled trades, clerical and technical, service maintenance, production works and inside sales. Additionally, non-exempt employees make less than $23,600 per year and do not perform any of the exempt employee duties specified by the FLSA.


About the Author

Diane Stevens' professional experience started in 1970 with a computer programming position. Beginning in 1985, running her own business gave her extensive experience in personal and business finance. Her writing appears on Orbitz's Travel Blog and other websites. Stevens holds a Bachelor of Science in physics from the State University of New York at Albany.

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