You can be disciplined for submitting a timesheet late, or with errors. However, that discipline cannot impact your pay. Employers are not allowed to delay or dock your pay for a timesheet mishap. The discipline is limited to warning, suspending, or terminating you, and cannot be done in a discriminatory fashion.
What can happen if I turn in a late timesheet?
If you are late with your timesheet submission, you can face disciplinary measures.
Those disciplinary measures are frequently laid out in the employee handbook. They often increase in severity based on the nature of the conduct and how often it has happened. They are usually on a progressive scale and include:
- verbal warnings,
- written warnings,
- suspensions, and
- termination.
Late employee timesheets are a hassle for employers. However, they are far from the worst office offense. Therefore, employers tend to resort to a progressive discipline policy that provides several warnings before resorting to more severe disciplinary actions, such as suspension.
Can my employer refuse to pay me or deliberately delay my paycheck?
No. Federal law requires that employers pay you for the time you have worked.
Under the Fair Labor Standards Act (FLSA), employers are generally not allowed to reduce your paycheck as a disciplinary measure.[1] This FLSA mandate covers situations where you have missing timesheets or have failed to clock in or enter hours correctly on your submitted timesheet.
The FLSA also requires employers to pay you for hours worked during the pay period on the regular payday set out by the employer.[2] This prevents them from delaying payment because of cash flow problems or because you did not submit your timecard before the due date.
The FLSA also holds the employer responsible for keeping track of your working hours. While you have to use the time clock to report your workday hours, recordkeeping responsibilities fall on the employer.
What can I do if my employer docks or delays my wages?
If you have seen your paycheck reduced or delayed because you failed to submit your timesheet on time, you can file a wage and hour lawsuit. You can also file a federal complaint with the Department of Labor (DOL).
The lawsuit can recover:
- unpaid wages,
- liquidated damages,
- attorney’s fees, and
- court costs.[3]
Those liquidated damages are equal to the amount that was withheld or delayed. This means that you can essentially recover twice the amount that your employer had deducted for the timesheet issue.
Can my employer use automated time tracking?
Yes, many employers are moving away from paper timesheets and turning to automation for better timekeeping in the workplace. Labor laws do not prevent them from doing so.
While many of these time management systems make it easier for you to record your time and attendance in the workplace, there are still errors that can be made during the time entry process.
What are some common timesheet errors?
There are numerous ways for a timesheet to be invalid. Some of the most common include:
- it is submitted late,
- it gets lost,
- it does not include additional hours that you spent on the job,
- it does not reflect paid time off,
- you did not clock in or out during one of the days in the pay period,
- it was given to the wrong timesheet approver, and
- the timesheet was not signed by you.
Each of these issues can keep the timesheet from being processed.
Many employers are now relying on automation instead of paper timesheets.
How can employers rectify a timesheet problem?
Employers who receive an invalid timesheet that cannot be corrected before payroll, or who receive a timesheet after payroll has processed, still have to pay you. If they do not pay you, they can risk violating the FLSA.
Often, employers will pay you based on your work schedule during the pay period. This allows your wages to be paid on time. Any discrepancies between the scheduled working hours and the actual hours can be clarified later on.
The employer can discipline the employee for failing to turn in their timesheet. That discipline, however, cannot implicate the worker’s paycheck. It also cannot be discriminatory.
Additional resources
The following are commonly used time-tracking software programs:
- Clockify – A free program that allows you to enter hours in an online timesheet app.
- Timesheet – Mobile time tracking app.
- Myhours – Time tracking for teams.
- Timesheet Tracker – Employee timesheet log with historical calendar.
- TimeCamp – Time tracking and billing too.
Legal Citations:
[1] 29 CFR 541.602(a).
[2] 29 USC 206. See also Biggs v. Wilson, 1 F.3d 1537 (9th Cir. 1993).
[3] 29 USC 216(b).
