Tuesday, December 11, 2007

Time Has Come Today

Recently, I’ve been seeing far too many employers utilizing time sheets that reflect only the total number of hours worked per day; information with respect to time-in and time-out or employee signatures is not included. Such a practice can be fraught with pitfalls.

Time sheets are important source documents when prosecuting employee disciplinary proceedings and in defending against employee claims of wage underpayments; they can also be critical evidence in employer tax matters. Difficulties in proof arise when the time sheets lack relevant, substantive information or an employee's signature attesting to their accuracy. In such instances, it is typically necessary to rely on extrinsic evidence (such as contemporaneous documents and testimony) in order to corroborate the claim independent of the time sheets. Ultimately, this may or may not prove to be successful based on the credibility assigned to same by the trier of fact.

Employers may wish to review their practices regarding this issue in an effort to avoid potential problems and to identify existing problems which may require prompt, remedial action.

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