September 20 Tip of the Week

What if My Employee Hasn’t Completed their Timesheet by Payday?

This is a common situation facing employers.  Even if an employee hasn’t fully completed their timesheet, the employer must still pay the employee for all hours worked.  Under the Fair Labor Standards Act (FLSA), the responsibility is on the employer, not the employee, to keep track of hours worked and pay wages accordingly on regularly scheduled paydays.  If an employer is not sure of the hours worked by an employee, the safest course if for the employer to pay for the hours the employee stated they have worked.  If the employee doesn’t provide that information, the employer can pay based on the employee’s scheduled hours.  The employer can then investigate further and potentially adjust future wages to make up for any overpayment to the employee.  Withholding pay until a timesheet is completed is not allowed, and it could bring a federal or state wage and hour claim against an employer.

Reach out to the employment law attorneys at myHRcounsel for questions on employee pay and other issues that might come up with your business.