Our employees often don’t turn their timesheets in on time. If an employee doesn’t submit his sheet on time, can we delay processing his paycheck until the next pay period? Getting employees to turn timesheets in on time can be a challenging problem for employers. It is the employer’s obligation to pay employees on the established payday regardless of whether a timecard has been submitted. Unfortunately, there is no exception to the law that allows an employer to withhold payment until the next payday or until the timecard has been turned in. When you don’t have a timecard, you can comply with the law by paying all of the wages that you reasonably know are due for an employee’s regularly scheduled work period. Straight time pay cannot be delayed. Please keep in mind that normally, overtime pay earned in a particular workweek must also be paid on the regular pay day for the pay period in which the wages were earned. You may only delay payment for overtime wages that can’t be determined until after the regular pay period. The delayed payment of overtime wages earned in one payroll period must generally be no later than the payday for the next regular payroll period. A proactive way to address this issue is to have a clear policy and procedure on reporting hours worked, including the deadlines. Training your non-exempt staff and supervisors on the expectations for accurately completing time reporting records is key to ensuring that you are complying with wage payment requirements. As a last resort, you can treat the issue as a disciplinary issue should it continue even after expectations have been clearly communicated. But holding the paycheck as a method to gain compliance could subject your company to potential wage claims for unpaid wages. Enroll in the Church HR Support Center for more great HR resources. Article Courtesy of HR Support Center. Legal Disclaimer: The HR Support Center is not engaged in the practice of law. This response should not be relied upon or construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. The Company can in no way be held liable for any actions taken as a result of this correspondence.< Back
Clergy Financial Resources’ National Tax Office serves as a resource for clients to help analyze complexity of clergy tax law, church payroll & HR issues. Our professionals are committed to helping clients stay informed about tax news, developments and trends through various specialty areas.
This article is intended to provide readers with guidance in tax matters. The article does not constitute, and should not be treated as professional advice regarding the use of any particular tax technique. Every effort has been made to assure the accuracy of the information. Clergy Financial Resources and the author do not assume responsibility for any individual’s reliance upon the information provided in the article. Readers should independently verify all information before applying it to a particular fact situation, and should independently determine the impact of any particular tax planning technique. If you are seeking legal advice, you are encouraged to consult an attorney.
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