Q. When an employee fails to clock in or out properly, ourdepartment withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right?
A. Yes. Under the Pennsylvania Wage Payment and Collection Law, employees must be paid on regular paydays. It is not permissible to withhold or delay pay as punishment. Instead, you can discipline the employee by following a process of(or whatever process is set forth in your or policies, if applicable)—which often takes the form of counseling, followed by a written warning, followed by probation/suspension and finally, termination of employment.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- What's the law on paying for travel time?
- Benefits: Should we put details in the employee handbook or the Summary Plan Description?
- When considering pay cuts, weigh the risk of being on the hook for unemployment benefits
- You don't have to force workers to take meal breaks