The issue of fair and consistent treatment is important to every employee. But, fair and consistent treatment does not mean equal treatment. Let's use an example:
Joe is nonexempt and required to clock in and out when he arrives and leaves, including lunch breaks. Joe can see his hours accumulate during the week as he clocks in and out. Joe's manager allows him some flexibility with his time as long as he does not exceed 40 hours per week per company policy. This means that he can come in early, say 7:30, if he would like to leave 30 minutes early today. Being nonexempt, Joe leaves at 5:00 and doesn't look back.
Nancy is Joe's friend. They regularly go to lunch and are on the same softball team. Nancy is in an exempt position and is not required to clock in and out. Nancy has a little more flexibility with her schedule, but she is required to work more than 40 hours when needed and is not eligible for overtime pay.
Nancy and Joe go out for lunch one day and return 1.5 hours later. Joe thinks: "if Nancy can take a long lunch, so can I" and doesn't clock out. Joe's boss discovered that he did not clock out and provides him with a written warning about not clocking out. Joe says that he is being treated unfairly. What Joe doesn't realize is that he doesn't see all of the work that Nancy does outside of regular working hours. She is checking in nightly on her smart phone and takes work calls 24/7. Nancy attends meetings or works during lunch and travels for business at least once a month. Nancy's boss has established expectations and allows her flexibility. So, Joe's manager explains to him that he is being treated fair and consistent, not equal. Joe is being treated the same as other nonexempt employees (following the Company policy). Nancy is not in a similar role and her manager has established different expectations based upon her exempt position. The result is that Joe receives a written warning for not clocking out and Nancy goes on her way. Fair and consistent, yes. Equal, no.
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