Dock paycheck?

woodsa

We are having a huge problem with full-time employees not turning in their timecards by the required deadline. We've threated and pleaded but alas nothing has worked.

The payroll manager wants to send out a memo that states any hours that are not turned in by the deadline will be paid with the next payroll cycle (we have a monthly payroll).

It's my understanding that we cannot withhold pay for any reason. If we (the employer) know they worked (their supervisor would know, not payroll) then we have to pay them.

I have also heard that we can withhold some pay, as long as they're paid at least minimum wage. What a record-keeping nightmare that would be!

I'm having a hard time finding anything related in my FLSA Handbook. Can anyone reference me the correct law/statute? (We're a community college in Nebraska, if that matters.)

Thanks everyone!

Hatchetman

What you may or may not do in this situation is probably addressed in Nebraska wage and hour and not FLSA.

You may have to estimate the hours the emplyee works in assure that the emplyee recieves as best determined pay for the work perofrmed in the pay period. This could be done by the supervisor providing information to payroll. I do not know what Nebraska law requires on your basic issue.

One thing of course you may do is to hold both emplyees and supervisors accountable for not submitting their time records in a timely manner. This means discipline and evaentual discharge.

woodsa

Thanks Hatchetman!

Rockie

What I would do in a case like this is...if they generally work 40 hours a week, I would pay them for this. If they have worked any overtime, there is no way that you can verify IF or HOW MUCH. I believe you would be justified in not paying this in lieu of not having a documented time card. If they presented hours worked, then I would pay in the next paycheck. You would only have to do this a time or two before they started getting those time cards in.

I hope this answers your question.

woodsa

Thanks for your help Rockie, but we already do this. The problem mostly lies with those who don't normally have overtime.

I think it's gonna have to come down to a progressive disciplinary plan. Can we have a PDP without risking our at-will status? I suppose the policy would just stipulate the administration has the right to terminate employment for any reason, at any time, with or without notice (as long as it wasn't illegal)?