Generally, non-exempt employees are paid hourly. We recommend instructing non-exempt employees to track all their time worked and prohibit working off the clock. Employers may use any timekeeping method they choose as long as it’s accurate and capturing all the required information (see below). For example, you may use a time clock, have a timekeeper keep track of employee’s work hours, or tell their workers to write their own times on the records. Any timekeeping plan is acceptable as long as it is complete and accurate. If you want to prohibit working after hours, you may; if you do so, however, you still have to pay non-exempt employees for the time they worked and, if they work overtime, time and a half for overtime. Your recourse would be to discipline for working unauthorized hours/overtime.
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each non-exempt employee. The law requires no particular form for the records but does require that the records include certain information about the employee and about the hours worked and wages earned. The law requires this information to be accurate. It is highly recommended for employees to log their ‘time in’ and ‘time out’ to ensure that you are accurately capturing all hours worked. Non-exempt employees should be compensated for all hours worked, whether they have been approved for overtime or not. The following is a listing of the basic records that an employer must maintain regarding timekeeping and wages:
- Time and day of the week the workweek begins
- Hours worked each day
- Total hours worked each workweek
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings
- All additions to or deductions from wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment.
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Clergy Financial Resources serves as a resource for clients to help analyze the complexity of clergy tax law, church payroll & HR issues. Our professionals are committed to helping clients stay informed about tax news, developments and trends in various specialty areas.
This article is intended to provide readers with guidance in tax matters. The article does not constitute, and should not be treated as professional advice regarding the use of any particular tax technique. Every effort has been made to assure the accuracy of the information. Clergy Financial Resources and the author do not assume responsibility for any individual’s reliance upon the information provided in the article. Readers should independently verify all information before applying it to a particular fact situation, and should independently determine the impact of any particular tax planning technique. If you are seeking legal advice, you are encouraged to consult an attorney.
For more information or if you need additional assistance, please use the contact information below.
Clergy Financial Resources
11214 86th Avenue N.
Maple Grove, MN 55369
Tel: (888) 421-0101
Fax: (888) 876-5101
Email: clientservices@clergyfinancial.com