Unsigned Timesheet

lashefHR

Ladies and Gentlement,

I work for a staffing company in multiple states. Our policy states that we do not accept any timesheet without a managers signature for our temporary workers. Would we have to pay for time worked? What would be the case if we had a temporary worker turn in a timesheet without a signature? Are we permitted to not pay for the time until the timesheet is signed?

 I would appreciate if someone could point me in the right direction on this one.

Thank you

HRforME

You always owe for time worked. Each state has it's own laws on when that pay is due.  In some states (like California), there are very very stiff penalties for not paying on time.  Many multistate companies pick the most strict law and use that for all states. Others go state by state.  This is regardless of company policies and whether the timesheet has been signed off on or not.

It is the employer's responsibility to track time. Whether that be a timeclock, timesheet or any other method. If you go up against an employee that has filed a claim for unpaid wages and the employee has a handwritten paper of what hours were worked, the judge will usually go with what the employee states unless the employer has something to refute that.

I would also look at your temp training process and why this wasn't signed by a manager.  Did the temp try and the manager wasn't available? Is there a flaw in the system?  Does this happen often?  Do you feel like the hours are wrong?

SFbay

I agree with the previous post.  You must pay for time worked and it's your responsibility to track hours worked. If there is a dispute, the burden of proof will fall on your shoulders.  Pay the employee and then speak with the employee and remind him or her that you require time sheets be signed by a manager. If the employee doesn't follow the rule in the future, you'll have to come up with some other measure of discipline than withholding pay (otherwise you'll violate the law). You may want to review your written policy to make sure it is both legal and clear.

TXHRGuy

FLSA makes it clear that it's on the employer to record hours worked.  If you cannot demonstrate co-employment and foist this off on the contracting firm, then it's YOUR problem their manager didn't sign the sheet, not the employee's.  If you have a policy that says the employee has to go to an authority with the contractor and get their timesheet signed, failure to do so is a disciplinary matter not a payroll matter.  Now, on the other hand, if the contracting entity says that the hours reported are not the hours worked, you have something you can sink your teeth into...