Q. We have mechanics who work on a straight commission basis. Do we need to track their hours? —E.D., Nevada
A. Federal wage-and-hour law requires you to keep written records of hours worked for all . Just because your mechanics are paid straight commissions doesn’t convert them to exempt status. In fact, it’s very likely that your mechanics are nonexempt and that you’re required to maintain records of their hours worked and pay them overtime for all hours above 40 per week.
While employers aren’t required by law to keep hours-worked records for, many employers—for productivity or other business reasons—nevertheless do so. Nothing in the law prevents you from requiring all employees (exempt and nonexempt) to record their hours worked by punching a time clock or maintaining a time sheet. Just make sure you don’t base exempt employees’ compensation on those hours.