Is a nonexempt employee required to record or report his or her hours on a daily basis?

Author: Deborah J. Tibbetts,Esq.

No. A nonexempt (i.e., overtime-eligible) employee is not required to punch a time clock or report his or her hours on a daily basis. An employer may choose from several options for accounting for a nonexempt employee's hours; no particular form or order of records is required.

An employer must keep an accurate record of the number of daily hours worked by an employee, but not the specific time an employee started or finished work. Therefore, an employer may allow an employee to provide only the total number of hours worked each day, including the number of overtime hours, by the end of each pay period.

If an employee works a fixed schedule that rarely varies, an employer may simply keep a record of the schedule and have the employee confirm that the schedule was adhered to that week. If an employee's hours vary from the set schedule, the employee must indicate the changes to the schedule and the actual hours worked.