Can an employer withhold pay for a late timesheet?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer withhold pay for a late timesheet?
My girlfriend works for an environmental consulting firm. She fills out a weekly timesheet marking her billable hours for the week. She is required to submit it weekly by 9 am on Monday mornings. Due to unforeseen
circumstances, she was unable to get it submitted on time. Her company says they will withhold her pay for that week of work. Is this legal?
Asked on October 6, 2019 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, an employer can do this. They are not obligted to pay an employee without information as to their hours worked. An employer can withold wages until the next payroll in such a situation since the employee did not comply with their obligation regarding submission of timesheets.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the time sheet is not submitted on time, the employer may withhold the pay until the next payroll: they are not required to pay her without information as to her hours, and they are not required to run a seperate payroll or cut a manual check (and do the laborous manual calculations of withholding, etc.) for her alone. Rather, because she did not comply with her obligation, they can double it up and pay her this payroll and the next one together.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.