Withholding paychecks

leadvisor

I am pretty sure I know the answer but I would like feedback anyway. Our organization recently started using time clocks that require an employee to electroncially approve their timecards. Some supervisors have a hard time getting employees to make the approval in a timely manner or when it is needed. They (the supervisors) what to withhold paychecks until the timecard is approve. I know this is improper under both federal and state law but cannot find anything directly on point. I thinking it violates FLSA because you wouldn't have paid the minimum wage when due and state law that identifies specifically when you can offset wages. I say it is a discipline issue. Any input would be appreciated

davids

Yes, you do have to pay the employee based on the best information you have as to what they are owed. However, you can then discipline them for not following procedures for approving their time in a timely manner.

ACU Frank

I'm with David. The employee is getting paid, but they may also get a write-up if it's a persistent problem.

Still Need Coffee

I agree with the others - you can't withhold pay, but you can address the issue via your disciplinary policy.

In the past, we have put this type of thing under our "timekeeping procedures" section of the handbook. Good luck!

Dutch2

We did the same as Ms. Coffee- our handbook has instructions for clocking in and out and states that disciplinary steps up to and including termination may occur if they are not followed. By the time you "write-up" a couple for not following the instructions, word gets around that you are serious about this.

sonny

Ditto the others.