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Denying paycheck in ny

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  • Denying paycheck in ny

    I am an exempt salaried employee. My employer makes us fill out time sheets like lawyers. They want to withold our paychecks if they aren't filled out daily. We aren't paid overtime ..this is for their purposes. Is this legal?

  • #2
    Yes and no.

    They MAY require you to fill out timesheets. There are perfectly legal and valid reasons why even an exempt employee could be required to do so and, contrary to popular belief, it does not negate the exemption. If you are legally exempt, then having you fill out a time sheet does not change that and does not mean that they now must pay you overtime. It does not matter what their reasons are for wanting it; they are legally within their rights to request it.

    They may NOT withhold your paychecks for not doing so. But they can give you a warning, write you up, demote you, assign you to duties you dislike, change your shift, reduce your pay on a go-forward basis, or even fire you for not following company policy on timesheets and THAT would be 100% legal.

    Another thing to consider is that there is a very easy way to ensure that they do not withhold your paycheck - and that is to follow their instructions.

    Bottom line; if they want you to complete a time sheet every day, you need to complete a time sheet every day.
    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.


    • #3
      Agree with cbg. It's legal. Just fill out the time sheets & there will be no
      problem with the pay checks.
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