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Can an employer make a salaried employee clock in and out ?

Clinton, MS |

We are required to clock in even though we are on salary (teachers). We were told that it is to keep up with absentees, but there are rumblings that central office is going to run a report from the time clock and if we aren't clocked in, we will be docked for that day. If we are on salary, should we be required to do this? Is it legal?

Attorney Answers 2


  1. You can be required to clock in and out, even if you are on salary. You might want to take a look at:

    http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.pdf


  2. I assume that you have a contract with your school district. That contract will define your job duties, as well as timeliness requirements, etc. While Mississippi is an employment at will state, the contract provisions will control. Practically, I can't imagine that any real issue would arise, as I'm sure that even if you missed clocking in on a particular day, there would be provisions to recreate / correct the oversight. To answer your question specifically, an attorney would need to review your contract to determine whether it has a provision that would allow (1) clocking in or some other attendance check point, and (2) whether the contract allows for "docking" in the event of a failure to clock in. I would think that a "worked" day - even if not clocked in - would have to be compensated. However, I would also think that repeated missed "clocked in" days could create a red flag situation for continued employment.

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