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Employment Law/Clocking in and out procedures

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Question
Hello. With my company, salaried and hourly employees are to be paid semi-monthly (15th & 31st). Our HR person in charge of payroll manipulates the system. She will email employees and managers for clock in and out times for future days that have not yet been worked, so she can do payroll. This cause our paychecks to flucuate greatly. She just informed me that the 11/15 check will have 12 days on it, she made sure of that because of the big Black Friday sales coming up, so we'd all have a little more money. She's doing this to benefit herself. This has been brought up to management and they say it's being "petty". What are the laws regarding hours being entered into payroll to pay an employee for hours not yet worked?

Answer
With semi-monthly the time does fluctuate between payperiods. If you are being paid until the end of the payperiod the person putting in payroll does need the time in order to process payroll.

The only other thing they could do is hold back a weeks pay and cut pay roll off a week ahead so they would have time to process payroll. Than the held back week is paid when you terminate. this is what I do at my company.

I cut time off one Friday and pay the next Friday.

The reason time must go in on a certain time is that if direct deposit is not sent to the bank two days ahead of the payday it is not in the bank for the employees on payday.

I have to send direct deposit on Wednesday for it to pay out on Friday.

I do need some payroll process time to enter the time in , reconcile and make sure it is all okay, print the checks, the direct deposits and all the reports. It is a process that takes more than a few hours. I allow two days each pay period to process payroll and another day for taxes and 401K.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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