Legal Question in Employment Law in California
we have a web based time clock system that all employees are required to use, even salaried, because we have to job cost all hours to different jobs. We run payroll bi-weekly. every pay period we have a few employees who have not entered their time by the deadline, so we don't know how much to pay them and it takes hours chasing them down to get their hours input so we can submit payroll ontime to our outside payroll company. can we tell them they won't get paid until the next payperiod if they fail to enter their hours on time? we don't know how else to motivate them. we are in California
2 Answers from Attorneys
CA law requires that you pay your employees on time and at least two times per month. If you have employees who are not complying with your policy of time entry, you can fire them or threaten to fire them. If you pay late, the employees can try to get penalty money for late payment of wages.
Ms. Karila is correct. You must reasonably and in good faith estimate their time and pay on time, adjusting if warranted in the next pay period. You have to find other motivations.
One option that has proved effective for some businesses has been to demote, or give reverse raises to chronic time sheet offenders. As long as you pay the current rate of pay through the date you give them notice of a demotion or pay cut, there is nothing illegal about implementing a policy of say, six months of 5% pay cuts ( or 1% or 10%, but not below minimum wage), or an automatic demotion, for any employee who turns in time late three times in any six month period. - or something along those lines.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
