Can you legally withhold wages or set a monetary infraction on failure to submit accurate timesheets?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you legally withhold wages or set a monetary infraction on failure to submit accurate timesheets?

My employees work independently and submit monthly timesheets. One or so of the employees regularly fills out the timesheet incorrectly, causing a billing issue and excess work for the administrators. It is in our policy that incorrect and/or late timesheets will result in a 30 fine or in some cases, a 1 hour pay infraction. Is this legal?

Asked on March 16, 2018 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the law is clear that you cannot dock employee pay this way: employees must be paid for all work that they do. You can demote them; cut their pay going forward (i.e. not for work already done); suspend them or reduce hours; even terminate them--you simply cannot dock or withhold pay for work already done.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption