To my understanding, time posting on Facebook, chatting at the water cooler, etc. is not work time (and no one should be including that in their hours). Also, everyone in the office has different skill levels. You pay someone that can accomplish more a higher salary, but you expect both of them to be in the office and working for at least 40 hours a week. (We have no end to the job at hand, so no concept of “getting it done” in less than 40 hours.)

You’re paying me for what I produce for your company, not my time. If I can do in 35 hours what takes my coworkers 40 or 45, you shouldn’t penalize me for it. If you want to increase my responsibilities or the standards of production you want me to meet so I have reason to put in the extra time, that’s fine.

Just a little odd that the same people who are always chirping about others not working a “full” 40 hour work week are usually the ones you notice posting on facebook, chatting every 30 minutes at the water cooler, surfing the web, etc. Guess you gotta fill those extra 5 hours…

Hopefully. Suspension is often necessary for an investigation, but it can be emotional terror.

Thank you for your response, and link. I definitely plan to look into this some more and will be sure to pass this information along.

My friend learned that he was suspended pending an “investigation”. The company still hasn’t notified him whether or not they think he was responsible for any misconduct, but have paid him for the time being. So we will see what happens. (Hopefully that will be the end of it.)

Anyway thanks again! Looking forward to reading more Evil HR wisdom soon!

Yep. You can suspend without pay. FLSA guidelines specifically say this:

Under what circumstances can an exempt employee be suspended without pay?
An employer may impose in good faith an unpaid suspension for infractions of workplace conduct rules, such as rules prohibiting sexual harassment, workplace violence or drug or alcohol use or for violations of state or federal laws. This provision refers to serious misconduct, not performance or attendance issues. The suspension must be imposed pursuant to a written policy applicable to all employees

http://www.dol.gov/elaws/esa/flsa/overtime/cr5.htm

If a legally exempt employee is suspended from working for what the company calls a disciplinary reason for 3 days, but worked the other 3 normally scheduled days that week, can the employer dock pay?

I was under the impression that only PTO could be docked in that circumstance, not pay and hope I am not mistaken. The person who had this exempt employee suspended seems to think the suspension would result in a financial penalty as it would for a non – exempt worker, and may retaliate if they discover it was an unexpected vacation instead.

I ask, because I don’t know whether to advise my friend to ignore or fight this. We have yet to see the pay stub.

If you see this Evil HR Lady let me know!

Yep. The default is nonexempt — meaning all the wage and hour laws apply normally (overtime, meal and rest breaks, etc.). If you want someone to be EXEMPT from those laws, then they have to meet certain criteria (but again, that’s if you WANT to exempt them from overtime, etc.) If you don’t, you don’t have to.

You can. You can legally pay ANYONE by the hour. If you choose to do that, they are overtime eligible.

Hmm, I don’t think you can make just anyone non-exempt, I think that is defined by law.