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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5391
Experience:  Exclusively practice labor and employment law.
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My co-worker is considered an hourly employee but does not

Customer Question

My co-worker is considered an hourly employee but does not use the time clock like the other employees. She makes over 73K a year and works from home three days a week. Should she be a salaried employee?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Mexico
JA: Is the employment agreement "at will," union, full time or part time?
Customer: New Mexico is an At Will state.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that all hourly employees use the time clock. And even one other employee works from home but does punch in an out. Are we breaking the law by not requiring her to use the time clock?
Submitted: 4 months ago.
Category: Employment Law
Expert:  John replied 4 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime stay on this page and you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 4 months ago.

No, you're not breaking the law. It is not in any way a requirement for hourly employees to use a time clock, even if all the other employees at the particular employer must use the time clock. The difference between hourly and salary likewise is not determined by total income or having a higher income than even the salaried workers at the employer.

Expert:  John replied 4 months ago.

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