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Is there a legal way to withhold a paycheck to demand compliance with a new policy?
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Is there a legal way to withhold a paycheck to demand compliance with a new policy?
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Facts: The employees are required to use timeclock cards to compute their regular hours and receive a paycheck. We also want them to use special "project specific" time cards for the different proj
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Forums » Topic Forums » Legal Forum » Is there a legal way to withhold a paycheck to demand compliance with a new policy?

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Forums  »  Topic Forums  »  Legal Forum  »  Is there a legal way to withhold a paycheck to demand compliance with a new policy?

Is there a legal way to withhold a paycheck to demand compliance with a new policy?

posted at 7/9/1999 5:21 AM EDT
Posts: 1
First: 7/9/1999
Last: 7/9/1999
Facts:

The employees are required to use timeclock cards to compute their regular hours and receive a paycheck. We also want them to use special "project specific" time cards for the different projects they are working on. Nobody will use them.

Questions: Is there a way to enforce this new policy by withholding their regular paycheck without running afoul of the law? Any other legal ideas to help gain compliance with this policy?

Any help would be great!!! Thanks.

Is there a legal way to withhold a paycheck to demand compliance with a new policy?

posted at 7/10/1999 5:55 AM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
Check with your state's DOL- the Wage & Hour division. Each state has it's own rules when it comes to the sanctity of the paycheck.

Other than that it'd be some other form of discipline for non-compliance. Maybe a little information session so they understand why it's important would help..generally, if it doesn't make sense to people or if it seems like it's meaningless, they are more apt to skip it. If, after that, you still don't get cooperation, it's time to find out why or find some other help.

Is there a legal way to withhold a paycheck to demand compliance with a new policy?

posted at 7/10/1999 7:05 PM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
I strongly recommend you take Jim's advice and contact your state's DOL. I am guessing (based on a lot of experience) that the universal answer will be "nope." Generally, under both Federal and state wage and hours laws, an employer may not withhold a paycheck for failing to comply with company policies. That does not mean you cannot take other disciplinary action. For example, you can issue written warnings, suspensions, etc. (Remember, for your salaried workers, you may run risks by suspending employees without pay for disciplinary reasons.)

Forums » Topic Forums » Legal Forum » Is there a legal way to withhold a paycheck to demand compliance with a new policy?

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