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Withholding pay pending receipt of time card in Colorado?

Fort Collins, CO |

Can an employer lawfully withhold wages until time cards are turned in in Colorado? Is there a statute that confirms or denies this?

Attorney Answers 3

Posted

From a practical perspective, how do you expect your employer to pay you if they do not know the hours that you worked? It definitely sounds like you work on an hourly basis instead of a salary. Why are you balking at turning in your time cards? As someone who used to prosecute employee embezzlement and fraud, the reluctance to turn in time sheets or time cards were huge red flags to us that something wrong was going on. You need to step out of your shoes and into their shoes to see how this would come off to them and simply provide them with the time cards. That is simply not too much to be asking for.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

The employer worked right next to me so he should know however time cards were turned in he is just trying to say that they were not because as I said in my many other questions he shorted me $5 an hour and in an attempt to get out of that he is claiming that the money he admitted owing in email and text is not from the same pay period (IT WAS) but rather is from the following pay period which he says I never turned in a time card.None the less a demand for unpaid wages was sent fully itemized with all wages unpaid. Furthermore when the employment relation ends wages become due immediately if terminated and no later than the next regular payday if employee quits. The employer has the demand letter showing wages owed and 4 and a half months later I still have not been paid. In California, time keeping is employers responsibility. If a time card is not turned in, an employer still has to pay what is reasonable to assume the employee worked. Example... If my regular work week is 40 hours, employer is liable to pay regular hours. Overtime worked for a period where a timecard has not been turned in can be paid the following pay period when a timecard is turned in.

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Posted

Under the Fair Labor Standards Act (FLSA), it is the employer’s obligation to keep record of the hours worked by employees, and while many employers rely on employees’ assistance via a timesheet or time clock, the employer is ultimately responsible. Therefore, the employer must pay the employee for all hours worked, regardless of whether the employee recorded his or her time or turned this information in to the employer.

Posted

Yes-they can withhold until you turn in your time card.
How would they know how to pay you or if you worked at all?

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

Well.... because it is their responsibility to know!!! As it is in MY great state of California.

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Posted

Statute please??

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Posted

Under the Fair Labor Standards Act (FLSA), it is the employer’s obligation to keep record of the hours worked by employees, and while many employers rely on employees’ assistance via a timesheet or time clock, the employer is ultimately responsible. Therefore, the employer must pay the employee for all hours worked, regardless of whether the employee recorded his or her time or turned this information in to the employer.

Asker

Posted

You are a real estate lawyer and obviously answer questions you do not know the answer to. Your misleading and incorrect answer is liable to getting employers in trouble and employees screwed. Please refrain from answering employment law questions and stick to what you know.

Posted

As noted by my colleagues, employers may require that you turn in a time card in order to process payment of wages. To th extent that you might be a salaried and properly classified individual, even then an employer may withhold payment, if their policies are clear about the need for the time card (e.g. in order to invoice clients).

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You are an employment lawyer and you are not familiar with the FLSA???? NO you can NOT withhold wages in absence of a time card!!!! Under the Fair Labor Standards Act (FLSA), it is the employer’s obligation to keep record of the hours worked by employees, and while many employers rely on employees’ assistance via a timesheet or time clock, the employer is ultimately responsible. Therefore, the employer must pay the employee for all hours worked, regardless of whether the employee recorded his or her time or turned this information in to the employer.

Asker

Posted

Good thing I did not waste my money on a Colorado attorney:( I just hope the judge IS familiar with the law.

Asker

Posted

Point me to the Colorado statute that proves your answer. There is none. Thus Federal rules apply. FLSA.

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