Can a employer hold a paycheck for untimely or incomplete timesheets?

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Can a employer hold a paycheck for untimely or incomplete timesheets?

Can a employer threaten to or hold a paycheck for untimely or incomplete
timesheets?

Background is that several employees having trouble with new system of
timesheets. They are basically correct, with some errors. Employees have
consistent work schedules and HR communicates the errors and states that if not
fixed, they will not get paid.

Legal? Harrassment?

Asked on May 14, 2018 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal. The law is very clear that employee paychecks may only be held if 1) the employer simply doesn't have the information necessary to cut them (which does not appear to the case); 2) the employee consents to holding the check; or 3) there is some court order for holding (or garnishing) it. The employees must otherwise be paid on time. The employer *may* discipline the employees in many other ways, however, for making mistakes: demotion, cutting pay or hours, suspension, changing their jobs or location, even termination--just not by holding the paychecks.


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