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timesheets and exempt employees California

On Lawyer & Legal » Employment & Labor Law

2,028 words with 4 Comments; publish: Fri, 14 Dec 2007 07:14:00 GMT; (80046.88, « »)

I have a small consulting firm (14 employees). We bill our clients by the hour and work under tight budgets. We have asked all employees (exempt and non) to submit time sheets for billing purposes. For accuracy we have asked our employees to sign the time sheets. one exempt employee refuses to sign his timesheet. We have requested it for accuracy in case we are audited by a client. This employee also refused to sign our "duty of loyalty" policy. Can we make him sign by withholding paychecks or make it a requirement of employment.

Thanks

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  • 4 Comments
    • You never, ever for any reason can withhold an employee's paycheck.

      You can terminate the employee. You can maybe cut salaries on a go forward basis. You can hand out a one work-week suspension without pay.

      #1; Fri, 14 Dec 2007 07:27:00 GMT
    • If you are billing the client based on the timesheets, yes, you have a responsibility to ensure that they are accurate. if not, you could be liabile for fraudulent billing.
      #2; Fri, 14 Dec 2007 08:29:00 GMT
    • I agree with what DAW is implying... this is a disciplinary problem not an auditing problem. Exempt or not, your employee is subject to your policies and procedures. If the employee intentionally and repeatedly violates these policies, and they create a legitimate business hardship, why in the world would the employee be retained? As DAW suggests, suspend the employee or something. The employee is not the boss.

      As far as liability, the answer is doubtful. The fact that the employee isn't signing does not change the fact that the company deems it to be an accurate timesheet. Even if the employee failed to hand in a timesheet, the company would be responsible for determining what hours the employee worked and paying accordingly. Your billing would then reflect that determination.

      #3; Fri, 14 Dec 2007 10:08:00 GMT
    • thanks for the quick response. Although this may not be a "labor" question do we open ourselves to any liability on accuracy of the unsigned employee timesheet if a client asks to review time spent?
      #4; Fri, 14 Dec 2007 07:51:00 GMT