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Employee Failure to Complete Timecard

Often, we are asked, “Do I have to turn in time for my employee if she/he fails to turn in the timecard?” The answer is YES. See the rule below for more information.

Even when an employee fails to turn in a record of time worked, you remain legally obligated to pay the employee on the established payday. There is no exception in the law allowing you to require the employee to wait until the next payday, or even until the timecard is turned in, for those wages.

If an employee has failed to turn in a record of time worked, you must pay all wages normally due for his/her work period (for example, 40 hours for a full-time employee), and defer payment of any overtime worked until the next regular payday.

While you may not withhold wages as a penalty for failing to turn in a timecard, you are entitled to discipline the employee in other ways. You may treat failure to turn in a timecard as a violation of a work rule, subjecting the employee to penalties such as suspension, demotion, or termination. In such cases, you should follow your own established disciplinary procedures.

If you have any questions on this rule, please call HR NETwork about the Fair Labor Standards Act. Regulates minimum wages, overtime, and working conditions for all employees of businesses that engage in interstate commerce and have an annual gross volume of sales of not less than $500,000, or an individual employee who is involved in interstate commerce, contracts to do work for a firm engaged in interstate commerce, or travels across state lines in the course of employment.

Need more information on how this impacts your business? Call HR NETwork, Inc. today!

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