Exempt (new hire) missing at least 1 day of work per week.

Has anyone had to address the issue of recent hire exempt missing work at least weekly.  The employer is a government contractor and has to account for the time that the gov't is billed, however, the employer still has to pay the employee, yet not bill the gov't.

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  • Hi Debra,

    I used to work for a government contractor. Contractor or not, if an exempt employee does not work at all on the day they are missing (including not checking emails, taking phone calls, etc.) and it's for personal reasons, you may deduct that time from their 40 hours, per FLSA (if they have vacation or sick time, pay according to your policy).

    Be aware of how you're applying this to other employees for consistency sake. One thing to be aware of, and I'm sure you know, that if they work "indirect hours" (hours that are worked but not billable to the government) those must still be paid, or if they work at all during the day they miss, they must be paid in full for that day. Additionally, I would talk with that employee just to check in. Hope this helps!

    SHRM provides some great advice here: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/some-deductions-for-salaried-staff-are-permitted.aspx

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    • Kate Legters 

      Hi Kate,

      Thanks this was very helpful.

      Debra

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      • Kate Legters
      • Organizational Psychologist. HR/OD Leader.
      • Kate_Legters
      • 1 mth ago
      • Reported - view

      Debra Rainer Oh good! Feel free to reach out if I can assist with any other questions on the topic!

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