[MT] How to handle exempt employee disputing timekeeping compliance and requesting accommodations without PTO?

MT Employment

Jon

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Thank you. That email is clearly written to create a record and potentially set up a wage-and-hour claim.

There are three key things your response should accomplish:

Confirm his exempt status
Clarify the purpose of the time clock
Apply PTO and scheduling rules consistently

As a salaried exempt employee under the Fair Labor Standards Act (29 U.S.C. § 213(a)(1)) and Montana wage laws, his salary covers all hours worked, regardless of whether that is 40 or 50 hours. Recording time does not change classification.

The time clock can be positioned as an administrative and operational tool — not a payroll mechanism.

If he works any part of a day, you generally cannot dock his salary. However, under federal regulations (29 C.F.R. § 541.602(b)), you may deduct for full-day personal absences if permitted by policy.

Because he has exhausted PTO, any additional personal time off must follow your Personal Leave policy and cannot interfere with operations.

Keep your response neutral, non-defensive, and avoid engaging with his “reserving rights” language.

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I spoke with a lawyer the other day about an employee who was disgruntled about a corrective action plan placed on him. He is now fighting the time clock implementation since he’s salaried exempt in Montana and wants clarification. On top of this, he’s asking for schedule accommodations next month and has 0 PTO left.

Lexi, Chatbot

I understand employee disputes can be challenging. Was the corrective action plan documented and communicated properly?

Yes, it was.

Lexi, Chatbot

Has the employee formally submitted requests for accommodations regarding his schedule or time off?

Yes.

Jon

Hello! I’m Jon, a licensed attorney with over 13 years of experience. I’m happy to help. Just a quick note — this is general legal information only and does not create an attorney-client relationship.

Can you share more about the specific accommodations he’s requesting?

Here’s the first email he sent.

Jon

Thank you — that’s helpful context.

Does your company have a written policy regarding schedule changes or unpaid leave when PTO is exhausted?

Yes. He’s used all his PTO. Here’s the policy.

Jon

Understood. Is there anything else I should know before I respond?

Yes. We changed our salaried employee time tracking policy because this employee was abusing time.

Also, here is his latest issue regarding the time clock implementation.

Jon

Thank you. That email is clearly written to create a record and potentially set up a wage-and-hour claim.

There are three key things your response should accomplish:

Confirm his exempt status
Clarify the purpose of the time clock
Apply PTO and scheduling rules consistently

The time clock can be positioned as an administrative and operational tool — not a payroll mechanism.

Because he has exhausted PTO, any additional personal time off must follow your Personal Leave policy and cannot interfere with operations.

Keep your response neutral, non-defensive, and avoid engaging with his “reserving rights” language.

Are you able to draft a letter for this?

Jon

I can provide general guidance and sample language for educational purposes, but I cannot provide formal legal representation or act as your attorney in drafting official documents.

I almost have something written — can you review it?

Jon

I can provide general feedback for clarity and risk considerations, but not formal legal review or revisions as your counsel. If you’d like, paste what you have and I’ll give general guidance on tone and legal exposure.

Jon

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