Employer's Duty to Pay Employees: Legalities of Failing to Complete Timesheets

As an employer, you might find yourself in a challenging situation where an employee fails to submit their timesheet correctly. Is it legal for an employer to withhold pay if an employee doesn't complete their timesheet?

The Legal Bottom Line: An Employer Must Pay All Worked Hours

First and foremost, it is important to understand that it is not legal to fail to pay an employee for work they have performed. Legal obligations mandate that employers pay for all hours worked, regardless of whether an employee has completed a timesheet or not.

Navigating the Evidentiary Requirements in the US

In the United States, employment laws require that employees are paid for all hours worked. Employees have no obligation to clock in or out, and employers cannot withhold pay based on a failure to complete a timesheet. However, if an employee fails to clock in or out, an employer can discipline the employee for non-compliance, including issuing verbal warnings, written warnings, or even termination, as per the employer’s policies.

Proving Time Worked: Evidence and Responsibility

If an employee accidentally or intentionally fails to complete their timesheet, the burden falls on the employer to validate that the employee did indeed work the claimed hours. If an employee arrives or leaves early, the employer must have documented evidence to justify withholding pay. For instance, if an employee claims they arrived an hour early, the employer should have records to confirm this.

In some cases, an employee's word might suffice if they have a history of punctuality. However, if an employee has a track record of being late or frequently missing shifts, the employer might want to take stricter measures to maintain accountability.

Employee Rights and Documentation

Despite the employer's right to discipline, employees always retain the right to be paid for work performed. Employees can also prove their presence and work hours using other means, such as:

Witness testimony Email or text message confirmation of work performed Records from customer service interactions Informal documentation from co-workers or managers

To prevent disputes, it's crucial for employers to establish a clear and transparent rostering and recording system. This system should be communicated to all employees and should include provisions for addressing timesheet errors and discrepancies.

Conclusion

The key takeaway is that an employer has a legal obligation to pay employees for all hours worked, regardless of whether timesheets are completed correctly. Employers should focus on maintaining a balance between enforcing compliance and ensuring that every employee is fairly compensated for their work.

Additional Resources

For more information on employee rights and employment laws, you can visit the Department of Labor's website or consult with a legal professional specializing in labor law.