You can, technically, require exempt employees to clock in and out, as long as you do not change their pay based upon how many hours they are clocked in.
However, doing so may not be advisable, for multiple reasons: first, it may open you up to claims that these employees are not truly exempt, since it is unusual for an employer to require bona fide exempt employees to clock in and out. In addition, it may negatively affect employee morale, since salaried employees may feel like their employer does not trust them.
In any event, good luck to you and your business.
There is no law or regulation which provides that you CANNOT do that, and I've had several employer clients who have done that. The unfortunate part is that these employers were my clients because they were being sued in wage and hour cases in which exempt employees claimed they were misclassified as exempt, and the fact that they were required to punch in and out on a time clock provided them with an argument in favor of a finding that they were indeed misclassified and were in fact nonexempt. In other words, one of the factors assessed when analyzing whether a particular employee is in fact exempt or nonexempt is whether they are required to use a time clock, and if so, that is one factor that suggests they were/are non-exempt. So, legally you can do what you propose, but not without risk or potential consequences.
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Yes you may. However, keep in mind that exempt employees are not entitled to rest periods or meal periods and there are other far more efficient ways to track attendance.
It would be a good idea to locate and work with a good employment attorney to assist you in creating practices that will assist you in monitoring your staff without creating possible problems in the process.
Good luck to you.
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