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Employment Law/Employees not Clocking in or out


I am an employer located in Kalamazoo, Michigan with 150+ employees currently employed at my company.  The organization is having a huge issue with employees not clocking in and/or out.  We purchased an expensive badge system and use ADP to handle all our payroll processing.  Employees continue to not clock in or out and then demand a manual check when they realize on Friday (paid weekly) that they forgot and their check is short.  This behavior was costing the organization extra monies to run another payroll for the manual check, time from payroll personnel, and plus the cost of having to pay another employee to stay after to cover the employee in the HR office arguing for a manual check.

The organization implemented a new policy that would require the employees to wait till the next pay date (following week) to receive the missed hours due to them not clocking in and out.  In addition, the organization has amended the employee handbook to include this new policy and this new policy is also included in the new hire orientation.

Is this new policy of employees having to wait till the next pay period, paid weekly on Friday, legal in the state of Michigan?

It is not legal to withhold pay. The Department of Labor charges the employer when knowing when the employee is working and when they are not working.  You do not have to pay for overtime until the next payday.  What you are supposed to do is pay the regular scheduled payday hours and adjust the next check up or down. Overtime is paid on the next check and this is legal.

That being said you can have a policy that timesheets need to be turned in by a specific time. If they are not than you can discipline the employee for not following company policy. You have to pay him but you can write him up, verbal warn him, suspend him or even terminate him for not following company policy.


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Shirley McAllister, CPP, PHR


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).


30 years in Payroll and Human Resources

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

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

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