can an employer force a salaried employee punch a time clock?

Question

i work at a small company as a salaried employee and i am pregnant. today my employer told me that i am not required to punch in on a time clock. i check and none of the other salaried employees are being required to do this. Is this legal? I feel like i am being discriminated against because I am pregnant.

I AM THE ONLY SALARIED EMPLOYEE BEING REQUIRED TO PUNCH IN ON A TIME CLOCK.

I NEVER CALL IN SICK OR TAKE OFF TOO MUCH TIME EVER. SO NOW, WHAT IS THEIR EXCUSE.

Answer 1

I assume you mean that you ARE required to punch in on a time clock while other salaried employees ARE NOT required to do so. While it is legal, and in fact commonplace, for salaried employees to be required to keep track of the time they work, it is not legal for him to make you (based on your pregnancy), and you alone, punch in on the time clock.

Update in response to K R: what I meant was: If the SOLE reason they are making you punch the time clock is because you are pregnant, it is actionable. K R is correct in that, if they are doing it because they think you are taking too much time off work and are checking your hours, then it is legal. However, it does not appear, from your additions, that you are taking too much time off.

Answer 2

Punch In Time Clock

Answer 3

Do ya think maybe you are taking off too much time and the salary they are paying you is in question? They can have anyone punch a clock at their discresion. If i read it right I think you might need to check your work ethics not company policies.


and to heather comments.. it most certainly is legal when an employee (man or woman) is taking off too much time for the employer to question this and take the proper action. And yes singling you out to punch a clock is 100% legal if they are questioning your time spent.

Answer 4

Yes, I worked for a company and everyone had to "punch" a time clock - even salaried employees, apparently they had problems with people lying about ther time and even as a salaried employee you are expected to be there a certain number of hours a week.

Answer 5

Yes, absolutely. Being salaried does not mean you are not responsible for your time and that you are not required to show you are working the required hours.

I worked as a consultant for some time and not only did I have to report my overall time, I had to report my time by client. Major pain.

They don't need an excuse. If you are on time and working the required hours the time clock will work in your favor.

Answer 6

Go ahead and punch the clock. If you're on time, it'll only give documentary evidence of your timely reporting and departure.

Or you can go the scorched earth EEOC route and alienate them to a fare-thee-well, claiming Title VII violation due to an employment action taken on the basis of sex.

Yes, you can be required to punch a clock. If you're being treated differently, I would expect them to be able to articulate a nondiscriminatory reason for it (i.e., "we've noticed you're tardy and we want to track it").

Answer 7

You can be asked to punch a clock, yet it has to be the same across the board. We are talking pregnancy discrimination and fair labor here. I would tell them, if I have to they all have to.

Answer 8

If he is asking only you to punch in and out and not other salaried employees then that is not legal.

Answer 9

can they make you punch the clock , yes. whether anyone else does is immaterial unless you are being paid differently. Pregnancy has nothing to do with it, unless you are going to use the FMLA and they are keeping track of your hours to see if you qualify

Answer 10

I can't figure out what side you are on. You don't have to punch in, & no one else has to punch in, so what's the beef?