Requirement to Pay EE w/out timecard

[ascjb1]

What is the name of your state? Maryland
I have a problem with an employee every week not turning in her timecard. What requirement to I have by law to pay her if I don't know what she worked? Do I have to pay her as soon as I get her to turn it in? Can I hold the check until the next payroll run - 2 weeks?

 

[Beth3]

What requirement to I have by law to pay her if I don't know what she worked? If you know she worked, you have to pay her.

Do I have to pay her as soon as I get her to turn it in? You need to pay her on the next regular pay date if you know she worked, even if she hasn't turned her timecard in. You need to "guesstimate" her hours. No law says you can't guesstimate low though.

Can I hold the check until the next payroll run - 2 weeks? No.

Look - this is a job performance problem. Turning in her timecard every week and on time is a work rule. If she's violating a work rule, you write her up. If she doesn't turn her timecard in timely again, give her a final warning. If it happens a third time, discharge her.

 

[cbg]

You must pay her the hours you know she worked, and you must pay those hours on time.

If there is a legitimate question about how many hours she worked, you can estimate low, as long as you make up the difference in the next paycheck. But you CANNNOT hold the entire check, and you CANNOT refuse to pay hours that you know she worked.

What this means is that if she always works Monday through Friday, 8 hours a day, you MUST pay her 40 hours every week. But if she sometimes works different shifts and sometimes works 4 hours shifts and sometimes 6 hour and sometimes 8 hour, you can offer your best guestimate until such time as she turns in the time card.

A more effective method of dealing with the problem would be to tell her, Martha, the next time you turn your time card in late, you're fired. And then fire her the next time she turns in her time card late.

 

[ascjb1]

This is a performance issue like you said. I need to write a new policy about turning in timecards. I am afraid it will cause more work for my payroll person if I estimate and then have to pay adjusted hours. This particular employee works a wide range of hours each week so it is very difficult to estimate. Since I need a new policy - do I have to treat hourly and salary people the same or are their different rules. I have one contract with the government that an employee works on and I wonder what rules there are under the AWD?
Can my policy say 'if you don't turn in your timecard you will be paid and estimated amount based on previous two weeks worked'?

 

[Beth3]

Your policy should state "All non-exempt employees are required to turn in a complete and accurate timecard by [appropriate day of the week and time]. Employees who fail to complete their time card accurately and/or who fail to turn in their time card on time are subject to disciplinary action, up to and including termination of employment."

If, due to your government contract or some other reason, you require that exempt employees also turn in timecards, then your policy should say "All employees are required..."

In the meantime, TELL this employee that she is required to turn in her timecard every week by [day/time] and if it continues to be a problem, you will write her up and terminate her if necessary. You do not need a written policy in order to have employees comply with management's requirements. Nobody else seems to have a problem with this - it's just her.

I am afraid it will cause more work for my payroll person if I estimate and then have to pay adjusted hours. This particular employee works a wide range of hours each week so it is very difficult to estimate. For a couple of weeks, that may be true. But after that, you're going to fire her ass if it's still a problem so it won't be extra work for long.