Are we allowed to require some of our exempt staff to work a specific number of hours each day or require them to work a set schedule? If yes, what if the exempt employee says “NO” and refuses to work the expected schedule?
Yes you can, in answer to both questions. Always tie it back to the job description, for example, you have exempt employees who supervise employees with various shifts and perhaps it is important to ensure that there is a supervisor on each shift for help and support. An exemption from overtime doesn’t make them exempt from your expectations and needs of the program or organization, even if that required schedule is in off-hours or exceeds 40 hours per week.
When an exempt employee refuses to work a certain shift or specific hours it is considered refusal to work. Remind the employee of their job description and the expectation to work the expected hours and schedule the position requires. Follow your disciplinary process and if necessary, terminate the employee as they are refusing work.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
