Theft?

juan garza

New Member
Jurisdiction
California
A salary employee has worked for the same employer for over 10 years. Comes to work on time, however about once every other week he leaves, goes to a home depot and shops for about two hours for personal time! Isn't that considered time fraud?
 
It isn't illegal. It is only inappropriate if the employer takes issue with it. If the employer is fine with the employee taking 2 hours every few weeks for an errand, so be it.
 
If the "salary employee" is exempt (not all salaried employees are) then the number of hours he works is irrelevant as exempt employees are not paid on the basis of their hours. If the employer is okay with it, the law is okay with it. And it's none of your business.
 
If salaried exempt - no, not time fraud & there isn't anything wrong with it if the employer/boss doesn't care. A salaried exempt employee gets paid for the "value" of his position to the company & not on the # of hrs. he works. There could be some weeks when he comes in early, stays late, takes work home & ends up working over 8 hrs. a day/40 hrs. a week but he doesn't get any extra pay for that.
 
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