Employment Law

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Employment Law

My co-worker is considered an hourly employee but does not

Customer Question
use the time clock like...
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: 1 year ago.Category: Employment Law
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1/11/2017
Employment Lawyer: John, Employment Lawyer replied 1 year ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,888
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 1 year 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.

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

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Category: Employment Law
Satisfied Customers: 5,888
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