08/27/2015
With all the recent changes in payroll laws we believe it's more important than ever to send all of our clients and colleagues reminders of some of the current payroll laws and rules.
This reminder is about the use of time sheets.
The question would be: if an employee does not submit their time sheet in on time can the employer delay processing their paycheck until the next pay period?
The answer is: It is the employer's obligation to pay employees on the established payday regardless of whether a time card has been submitted or not. There is no exception to the law that allows an employer to withhold payment until the timecard has been turned in. When you don't have a timecard, you can comply with the law by paying all of the wages that you reasonably know are due for an employee's regularly scheduled work period.
You may, however, delay payment for overtime wages that can't be determined until after the regular pay period.
You can certainly discipline employees for failing to accurately record and report their time, particularly if you have a written policy. But, holding the paycheck as a method to gain compliance could subject your company to significant liability in the form of a wage and hour claim.
If you have questions or would like more information please feel free to contact me.
