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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35309
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Is such a document a strong defense in California to ask the

Customer Question

Is such a document a strong defense in California to ask the Employee or have the Employee sign off on an itemized timesheet or time card?
Submitted: 2 months ago.
Category: California Employment Law
Expert:  LawTalk replied 2 months ago.

Good morning Chelsea,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Please expand on your facts. I don't understand what you are asking. What document are you referring to?

Doug

Customer: replied 2 months ago.

I am referring to a timesheet or time clock. If we have a itemized timesheet that the employees would sign off on prior to payroll receiving it to verify their hours, would that help us? Would it be a strong defense for our company to do in California? Or is it relevant? ?

Expert:  LawTalk replied 2 months ago.

Hi,

Would it be a strong defense for what? Claims that they were not paid properly? Claims that they weren't given breaks? What are you trying to protect against here?

Doug

Customer: replied 2 months ago.

Exactly. All of the above.

We are trying to prevent employees from not being paid correctly for a break, lunch or travel. If we were to create a document for the employees to review and sign, would that be good enough? Would that be enough documentation to KEEP us OUT of a potential lawsuit regarding not getting paid for what they should have been paid? If the employee themselves is to review their own hours?

I hope this helps. Thank You!

Expert:  LawTalk replied 2 months ago.

Hi I apologize for the delay. I just got off the phone with a customer. I am working on your answer now.

Doug

Expert:  LawTalk replied 2 months ago.

Good morning Chelsea,

Creating a single document that the employees only see one time and then sign could be problematic. On the other hand, having a sign in-sign-out sheet or a time clock that they are required to use daily for arriving and leaving for work and for punching out for meal breaks would be incredibly helpful in protecting you from claims for incorrect wages or meal breaks.

Written verification by employees of the hours that are claiming to have worked is a great defense to wage claims. I would also suggest that you have not only the employees signing off on their time cards but that their supervisor also review the time sheets for accuracy, after the employee signs off on them, and that the supervisor also sign off on the time sheet as being accurate.

That will provide a lot of protection for your company against wage claims asserting unpaid work time or denied meal breaks.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 2 months ago.

We want the employee’s to sign an itemized time card and curious as to how often they should sign off on something like this? Weekly or daily?

Also, if we implement electronic timesheets what are the risks please vs. getting employee signature in California specifically.

Expert:  LawTalk replied 2 months ago.

Good afternoon,

They need to participate with the daily entries of their times (if they are using a handwritten time process such as a paper time sheet that is not processed electronically) and sign off once before each payroll is prepared---be that weekly, bi-weekly or monthly depending on how often they are paid.

If you implement electronic time-sheets---like a time clock punch card system. or a computerized system where they sign in and out at a computer, you can pretty much avoid the need for anything other than having the employee sign their card/printed time sheet before turning it in for payroll purposes.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 2 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

Is there anything else I can assist you with today?

Doug

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