Lolo clarifies the 'clock-in' policy for those earning $40K per annum
Pago Pago, AMERICAN SAMOA — Gov. Lolo Matalasi Moliga has urged executive branch directors to “practice vigilance and diligence” to ensure that the “clock-in and clock-out” policy is strictly adhered to, as the Administration clarifies those who are exempted and not exempted from the policy.
“To accord appropriate recognition of all professional defined positions” of the ASG workforce, with the salary threshold of $40,000 per annum and deemed by the US Labor Department and the ASG Human Resources Rules and Regulations as “exempt” employees, Lolo informed directors that a “clock-in and clock-out” policy was “declared excusing them from being required to ‘punch in and punch out’.”
“The examples of professional positions include doctors, attorneys, medical personnel, political appointees, heads of departments and offices, and other positions expected to be available on a 24/7 basis,” said Lolo in a Jan. 16th general memorandum to directors.
The governor explained that this “privilege” is not extended to employees making $40,000 and above who are “classified as ‘non-exempt as they are eligible for overtime pay or employees who are ‘exempt’ but are not on call 24/7.”
Employees who fall under the “non-exempt” categorization are those who do not pass the three-pronged test requirement to qualify for exemption. Such employees, said Lolo, are deemed eligible to earn overtime, provided that the existing pre-approval of overtime by the Governor’s policy is complied with completely.
He stressed that proof must be provided to verify that the 80-hours per pay period base limit has been exceeded. Therefore, the employee must clock-in and clock-out in order to accurately account for hours worked and to be compensated properly.
Lolo urged directors to be vigilant — and diligent — "in scrutinizing the implementation of this policy”.
“A professional or an ‘exempt’ employee performance should be linked to the completion of assigned projects and tasks,” the governor pointed out. “A ‘non-exempt’ employee should be compelled to clock-in and clock-out daily.”
“Failure to meticulously monitor this policy adversely impacts productivity and government finances,” said Lolo, who pointed out that the memorandum outlines information facilitating the recording and tracking of hours worked.
“To ensure consistency in the implementation of the clock-in and clock-out policy - as well as guaranteeing accurate data recording, ALL ‘non-exempt employees, as well as ‘exempt’ employees not subjected to the 24/7 commitment are required to clock-in and clock-out” the governor emphasized.
“Directors are urged to practice vigilance and diligence in carrying out the intent of the clock-in and clock-out policy,” he concluded.