1. Can a company, in the state of Virginia, not pay you for not turning in a time sheet?
2. Can a company deduct pay for being late?
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1. Can a company, in the state of Virginia, not pay you for not turning in a time sheet?
2. Can a company deduct pay for being late?
1. They have to pay you when you turn in your timesheet.
2. Yes, they can deduct time for lateness.
Am exempt employee is paid a periodic salary. They CAN be docked a days wages if they do not show up and not turining in a timesheet could be held that you didn't show up.
But they cannot be docked a partial day such as a lateness.
On the other hand, chronic lateness and not turning in timesheets could be grounds for dismissall.
I am a supervisor of a department where employees fill out timesheets and we deduct pay for lateness all the time (even 15 minutes). This a very large corporation and we follow strict government rules.
If the employees are exempt, salaried employees then you ARE breaking the rules. If they are hourly, non exempt employees then you are entitled to dock for lateness.Quote:
Originally Posted by cooch
Quote:
Originally Posted by cooch
Then you are at risk of large fines and a class action lawsuit. I would like to see the strict Government rules you are following. Please give the Statute.
The info is:
"A number of courts, including some of the U.S. courts of appeals, have taken the position that a policy of deducting leave from an exempt employee's "bank" for absences of less than a day converts the employee into a nonexempt employee who must be paid overtime for the extra hours he or she works.
Case examples
At least a dozen cases on this issue have been decided within the last three or four years. This column will focus on a few. Although all are cases from the public sector, the same regulations apply to the private sector.
Docking for absences by the hour. District of Columbia Circuit. Kinney v. District of Columbia (1993): A group of firefighters sued Washington, D.C., for unpaid overtime and liquidated damages. Under the District's pay system, if an officer was absent from work for part of a day and did not have sufficient accrued annual leave, sick leave, or compensatory time against which the absence could be charged, his or her pay would be reduced, in hourly increments, to reflect the absence.
This policy violates the FLSA, the court of appeals ruled, even though no firefighter may have actually had any dollars taken out of his or her paycheck. Employees paid under a system that subjects them, even theoretically, to docking for absences by the hour lack one of the criteria explicitly required to be an exempt employee. The District of Columbia therefore owed the firefighters overtime compensation plus liquidated damages.
Charging absences against leave time, but not docking pay. Fourth Circuit. Shockley v. City of Newp"
Docking exempt employees for part-day absences. | Labor & Employment > Working Hours & Patterns from AllBusiness.com
I'm sorry. I seems I misinterpreted the meaning of exempt employee. For all of the years that I have worked with payroll, an exempt employee was someone who was exempt from paying federal taxes because they are a full time student or for other reasons such as not owing taxes at the end of the year. The situation that you are referring to is to my knowledge a full time salaried employee.
And for all the years I have worked with HR/Payroll an expempt employee is one exempt from being paid for overtime. In fact, if you asked 10 HR/payroll people to define an exempt employee at least 9 of the 10 would use the definition I just gave.
Again I apologize. I have never worked in HR and I only know about my experience in payroll. I don't want to argue with you.
Quote:
Originally Posted by cooch
We on the legal thread take great pride in the correctness of our answer - no one is arguing with you but you very well could have led the OP very far astray.
If you don't know, please don't answer - or don't say "this is how we do it" when, in fact, that is NOT how "you" do it.
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