Withholding Wages

[MomTryin2Improv]

What is the name of your state? Colorado

The company I work for has a policy- Part of the employee's job is filling out a time sheet at the end of the day (basically writing down what job they were working on all day). We have received a memo that if the time sheet isn't fill out at the end of the day, we will not get paid for those hours. Is this legal?

 

[fairisfair]

many companies require their employees to fill out timesheets, or use a time clock, it is the method of tracking hours, your company apparently adds to that duty by requiring you to add notes regarding the project you are working on. Yes, they must pay you for the hours that you work, and you must report those hours.

 

[MomTryin2Improv]

many companies require their employees to fill out timesheets, or use a time clock, it is the method of tracking hours, your company apparently adds to that duty by requiring you to add notes regarding the project you are working on. Yes, they must pay you for the hours that you work, and you must report those hours.

I don't think I am understanding your answer fully...let me rephrase the question...

If an employee works 8 hours, clocks in and out, but does not fill out their timesheet, can the company not pay that employee?

 

[fairisfair]

I don't think I am understanding your answer fully...let me rephrase the question...

If an employee works 8 hours, clocks in and out, but does not fill out their timesheet, can the company not pay that employee?

Employment laws would provide that you would be paid for the hours that you worked. They would NOT provide you any relief when they fire you for failure to do your job as instructed and insubordination. What is the problem with completing the timesheet?

 

[MomTryin2Improv]

No problem for me.....

Employment laws would provide that you would be paid for the hours that you worked. They would NOT provide you any relief when they fire you for failure to do your job as instructed and insubordination. What is the problem with completing the timesheet?

Actually, I am the one that records the time and does payroll....so I have absolutely no problem filling out my timesheet. I am actually asking because there are employees that are complaining about the policy, and it sounds like some of them may actually intentionally "forget" to fill out their timesheets so that they can sue the company for withholding their pay.

So I was just wondering. Thanks!

 

[fairisfair]

Actually, I am the one that records the time and does payroll....so I have absolutely no problem filling out my timesheet. I am actually asking because there are employees that are complaining about the policy, and it sounds like some of them may actually intentionally "forget" to fill out their timesheets so that they can sue the company for withholding their pay.

So I was just wondering. Thanks!

Personally, I would be looking at replacing them now. If they have a problem disclosing what projects they are working on, and for what amount of time, then something just ain't right!!

 

[MomTryin2Improv]

Agreed. Thanks for your help!

 

[cbg]

If an employee works 8 hours, clocks in and out, but does not fill out their timesheet, can the company not pay that employee?

No, the employer cannot not pay the employee; the employee still has to be paid for all the time the employee knows they worked, timesheet or not.

However, the employer may legally discipline the employee in any other way they wish up to AND INCLUDING termination for failure to complete the timesheet.

So the question then becomes, which would the employee prefer to do; file a complaint for non-payment, or attempt unsuccessfully to collect unemployment because they were fired for willfully refusing to complete their timesheet?