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Is it legal for an employer to withhold pay if an employee doesn't complete their timesheet?

  • I work for a small company where employees are chronically lax about completing their weekly time sheets.  Payroll is now threatening to withhold pay for salaried employees who don't complete their time sheets correctly - is this legal?   Is the situation different for contract vs salaried employees? (specifically in NY state, but this is probably covered under US Federal Employment Law) UPDATE - I should probably talk to a lawyer / state labor board about this particular situation, since the issue isn't really a dispute over whether or not people actually worked during a given time period, but how their negligence in recording their work has harmed the relationship between the company and one of their clients:

  • Answer:

    Yes, this is probably legal under both Federal and State law - so long as they are do pay you once your timesheets are submitted, and they don't "dock" your pay for hours worked under 40 (if you're salaried). Keep in mind that there is a legal difference between "salaried" and "exempt" employees, and this sounds like a reasonable rule to ensure that people are being paid appropriately under the law (a salaried but non-exempt employee, for example, is due overtime pay for any work over 40 hours a week). Of course, there's a simple solution to this - just turn in your timesheets on time.This answer is not a substitute for professional legal advice....

Cliff Gilley at Quora Visit the source

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If you sued the company for ujpaid wages, the court would require timesheets to substantiate your claim. Would you then gripe at the court for refusing to give you your due without timesheets? The payroll department needs timesheets to pay you properly. In big companies that do not require timesheets from salaried employees, it is semi-common to continue paying people for a month after they are fired or quit. After it happens a few times, they start requiring timesheets from salaried.

Robert Wagner

It depends on your local legislation but in most places the employer is ultimately accountable for recording employee hours and it is illegal to withold pay, unless stated in your employment agreement. That being said it is very difficult to pay wage based employees without the information! And very frustrating for the payroll person who often has to stay late trying to compile last minute timesheets (or worse, retrieve them). It sounds like an act of despiration to motivate employees to fulfill their end of the wages bargin but it could have been handled better. As you noted it is already having negative effects on the employment culture at your organisation. That being said timesheets are likely a requirement of your position and if you aren't meeting your requirements then you are treading on thin water regardless of which way you look at it. This is also a great opportunity to stand out from the rest and show how great of an employee you are by punctually submitting your timesheets!

Le-Roy Staines

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