Paying employees with no timesheets

6341995

We are a staffing company and occassionally a manager at one of our client sites will dispute or not sign an employees timesheet. I know the law requires you to pay non-exempt employees for "all time worked". If an employee turns in a timesheet and a manager has not signed it - are you required to pay the employee for the time? Can you withhold pay?

 

Thanks in advance

pammcconnell

You should check with your states labor board but the State of Oregon says "...it is the employer´s responsibility to track hours worked and to pay all employees on regular paydays..."   You can not withhold pay from any employee becuse the manager or client is not doing their job, ultimately it is your companies responsibilty to track employee hours.   A call to the client when you receive an unsigned timesheet would be in order to inquire about disputes, etc.  You also need to check your states time limits on correcting over/underpays on employees checks if you need to make adjustments later. 

RuthG

It would be wrong to withhold pay. Instead it is your company's responsibility to get manager to sign the timesheets. You can discipline the manager for not doing so in order to encourage consistency.

cathis

You must pay the employee based on the timesheet submitted.  The manager would have a right to dispute the timesheet and should deal with the discrepancy and then sign it.  Even after the employee is paid you can address the issue with the manager and get the signature.  If the employee was not paid according to what the manager agrees to, an adjustment can be made on the following payday.

TXHRGuy

FLSA clearly puts the burden on the employer to accurately measure time worked.  If the manager won't sign but also doesn't have an idea of what time was actually worked, then the manager has a performance problem that needs to be addressed.  If there's a bonafide dispute about hours worked, where the manager says the time sheet is incorrect (or even falsified) but can't prove it, then check with legal counsel for a good way to resolve the problem.  I would check with a state agency only as a last resort just because I like to stay off the radar of state agencies.  When in doubt, choose the path that is most favorable to the affected party is a good way to stay out of trouble.

Dirtrell

I agree.  You don't want to call attention to yourself by inviting state agencies into your business.  In my state, you cannot legally withhold an employee's pay.  Remember, when in doubt, side with the affected party (in this case the employee).