Can you legally withhold wages or set a monetary infraction on failure to submit accurate timesheets?

My employees work independently and submit monthly timesheets. One or so of the employees regularly fills out the timesheet incorrectly, causing a billing issue and excess work for the administrators. It is in our policy that incorrect and/or late timesheets will result in a 30 fine or in some cases, a 1 hour pay infraction. Is this legal?

Asked on March 16, 2018 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the law is clear that you cannot dock employee pay this way: employees must be paid for all work that they do. You can demote them; cut their pay going forward (i.e. not for work already done); suspend them or reduce hours; even terminate them--you simply cannot dock or withhold pay for work already done.


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