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Hourly Employee Time Card

If an hourly employee does not turn in a time card can we refuse to pay him?

Usually an hourly employee must be paid even if he or she forgets to turn in a time card.

The federal FLSA or Fair Labor Standards Act requires that the employer maintain accurate records of all hours an employee works. That same law requires that employees be paid at least the federal minimum wage for all hours worked during the payroll week. Various state minimum wage and pay day laws also require payment. So generally speaking, an employer can be disciplined or terminated for not turning in a time card, but must still be paid.

The exception would be if the employer is genuinely unaware that the employee worked. If a single employee is in a remote location without a supervisor, the employer might genuinely not know whether the employee worked at all, unless a time card is turned in. If the employer believes that the employee did not work at all during the week, then this might be a legitimate action.

In most cases, however, an employer is well aware that an employee worked during the week and is owed money, because the employees supervisor saw him or her work. In other cases, it is easy for the employer to determine from coworkers that the employee did work, and therefore must be paid. The best practice is to pay your employees, even if they are disciplined for not turning in a time card.

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This entry was posted on Thursday, October 14th, 2010 at 3:53 am and is filed under
Compensation, Human Resources Management.
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