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Workers who have seen their paycheck reduced or delayed because they failed to timely submit their timesheet can file a wage and hour lawsuit. They can also file a federal complaint with the Department of Labor (DOL).
The Secure Scheduling Ordinance requires employers to: Post work schedules at least 14 days in advance, and respect employees' right to decline any hours not on originally posted schedules.
So, even though many companies rely on employees to complete timesheets or punch in and out with a time clock, the employer is ultimately the responsible party. This means that employers must pay all employees for all hours worked, even if they do not complete or turn in timesheets.
An employer cannot legally withhold your wages as the result of a late timesheet, but if a timesheet is requested and required, you can receive a warning or further disciplinary action including termination as a result of failing to submit it to your manager or employer on time.
An employer should give an employee who works an irregular shift pattern reasonable notice of their hours. Normally this would be included in the contract of employment and the standard notice period is around 7 days.
If you employ staff, you may need to create rosters and timesheets to record their hours of work. It's best practice to keep these records. Under most awards you and your employee must agree on the hours of work and rostering in advance, especially if they're full-time or part-time.
Employers must provide employees with prompt notice of any schedule changes. Schedule changes can occur in a smaller than 14-day window. Most scheduling laws require at least a 24-hour notice, however. Some laws require the employer to give the employee the right to accept or refuse.
Employers must provide employees with a written work schedule, including on-call shifts, before the schedule begins (commonly around 14 days preceding the first day of the schedule).
For most employees, there are no state requirements regulating how and when they are scheduled. An employer has the right to change an employee's schedule at any time, with or without notice.
Write very clearly in the Employee Handbook how you will respond to repeated errors made with clocking in. Include a clear outline of the progressive disciplinary action in case of repeated failure to follow procedures, such as: An informal talk about the issue. Formal verbal warnings.