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Timecard Policy Massachusetts

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  • Timecard Policy Massachusetts

    I work for a new company and am having great difficulty in getting people to turn in timecards on time. Can any one suggest a policy? I would like to implement a written warnign policy where as as person would receive a written warning if no timecaard was received, and after three would be "suspened for a day without pay". If it continued to escalate from there to this happeneing 3 times, an employee would be terminated for not folllowing company procedure. Can anyone tell me if thats legal?

  • #2
    Yes, it's legal, though it might be a bit of overkill.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Not with this group! Its like pulling teeth!

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      • #4
        Well, you probably won't have to fire more than one to make your point. Sometimes overkill is the only thing that catches their attention.

        Another possibility to consider, either instead of or in addition to the policy you suggested; put the responsibility on the manager. As in, Joe supervises Bill; Bill consistantly does not turn in his timesheets on time; Joe is denied a raise or performance bonus, or is given a written warning, or both, since he is not "managing" Bill effectively.

        You can bet that if Bill not turning in his timesheets hits Joe in the wallet, Joe will see that Bill gets his timesheets in when he's supposed to.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Careful

          cbg's counsel is quite wise, as usual.

          just be very careful not to do something different, like docking pay, without seeking the advice of counsel.

          .
          Last edited by CompensationCounsel; 10-10-2006, 07:17 AM.
          This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

          This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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          • #6
            I can tell you what my company did (I don't know the legal remifications of this)

            And before I begin, I am one of the offenders. I tend to miss my time swipes becasue I'm often handed a time sensitive project before I'm even in the door or I am sent out the door early for a last minute emergency. It is easy to forget to fill out the paperwork to fix this when one day blurrs into another.

            So, here is what my company does:

            Since payment is based on our swipes (ex: we are paid 8 hours if we swipe in at 9:00am and swipe out at 5:00pm), we do not get paid for the day if we miss the swipe. That is, only until we have the proper information filled out.

            Therefore, if you swipe in at 9:00am and forget to swipe out, your paycheck reflects no work that day. You are informed when your paycheck is recieved that you are missing these swipes and that your paycheck reflects all the information that the payroll department currently has on file. Once the missing paperwork is turned in, your following paycheck will reflect the day missed on your earlier paycheck.

            Here, payment is not denied, just delayed due to lack of paperwork. I do not know if this is legal or not, but it has cut down greatly on errors in my shop (including my own errors)

            Any thoughts from the legal brains of the world?

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            • #7
              While technically not legal, it the "error" is caught and corrected in a timely manner so that the employee is still being paid the proper wages within the timeframe designated by law (assuming the state has one), the company would probably skate through.

              My former employer had a much better way of dealing with this that I implemented. All of our employees had direct deposit. Those that did not turn in timesheets, had direct deposit cancelled. Upon turning in their timesheet on payday, they were cut a manual check at the end of the day. Even if they didn't turn in the timesheet, we would have paid them this way, but they didn't necessarily know that. The inconvenience of having to go to the bank and deposit the check the next day was enough to keep the number of repeat offenders pretty darn low.

              We also toyed with the idea of paying them out of vacation hours until we got the timesheet. Employees tend to pay attention when you start affecting vacation time.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Originally posted by Rhubarb1979 View Post
                I can tell you what my company did (I don't know the legal remifications of this)

                And before I begin, I am one of the offenders. I tend to miss my time swipes becasue I'm often handed a time sensitive project before I'm even in the door or I am sent out the door early for a last minute emergency. It is easy to forget to fill out the paperwork to fix this when one day blurrs into another.

                So, here is what my company does:

                Since payment is based on our swipes (ex: we are paid 8 hours if we swipe in at 9:00am and swipe out at 5:00pm), we do not get paid for the day if we miss the swipe. That is, only until we have the proper information filled out.

                Therefore, if you swipe in at 9:00am and forget to swipe out, your paycheck reflects no work that day. You are informed when your paycheck is recieved that you are missing these swipes and that your paycheck reflects all the information that the payroll department currently has on file. Once the missing paperwork is turned in, your following paycheck will reflect the day missed on your earlier paycheck.

                Here, payment is not denied, just delayed due to lack of paperwork. I do not know if this is legal or not, but it has cut down greatly on errors in my shop (including my own errors)

                Any thoughts from the legal brains of the world?
                Yeah, my thought is I would hate to be your payroll person/manager your Payroll Dept.

                There are better ways, as ElleMD has described. Including the supervisor you review your time on the system handling the problem BEFORE it results in a short paycheck. Doesn't the supervisor have to approve your time before payroll gets it?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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