Can an employer withhold pay for a late timesheet?

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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 1 year 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 1 year 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.


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