Human Resources Questions for Dentists: Does dentist have to pay employees for time not clocked?

The human resources landscape is constantly changing. Dentists have ongoing questions about how to handle staff issues. Take one of this month's questions, for instance. Can this dentist legally alter pay due to employees' mistakes?

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QUESTION: Payroll has become a real nightmare in my practice. This is because employees do not clock in and out properly. We have 25 employees. The office manager has to devote much of her time chasing down employees to discuss their time clock mistakes and omissions. CAN I JUST PAY EMPLOYEES FOR WHAT THEY'VE MARKED? I FIGURE IT'S THEIR MISTAKE FOR NOT CLOCKING IN AND OUT PROPERLY, RIGHT? Or, can I dock their pay whenever they make mistakes? Is either option permissible?

ANSWER: No. You may not do either of these things because there are federal and state recordkeeping requirements that you must follow. Ensuring that those records are accurate in terms of employees’ work hours is ultimately your responsibility. You cannot fail to correct these records and you cannot fail to pay employees properly for their work time.

Docking pay is never allowed as a form of punishment. Employees must be paid for all hours worked regardless of their performance. The best that you can do is to apply disciplinary measures to correct the behavior. This can be verbal and written warnings, suspensions, and even termination if the problem is not corrected.

QUESTION: I want to withhold an employee’s final paycheck until I receive the person’s keys, scrubs, and other items that belong to me, but I’m not sure this is a good idea. What do you think?

ANSWER: We agree that this is not a good idea! There are state rules that regulate when an employee’s final check is due. It is never a good idea to disregard the rules, regardless of the situation. For example, one unsuspecting employer was recently fined nearly $11,000 for not paying a final check as required. We don’t want this to happen to you! Please issue the final check no matter what the employee owes you in return.

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Human Resources Questions for Dentists is provided by Rebecca Boartfield and Tim Twigg of Bent Ericksen & Associates. Tim Twigg is president and Rebecca Boartfield is a human resources compliance consultant with Bent Ericksen & Associates. For 30 years, the company has been a leading authority in human resource and personnel issues, helping dentists deal successfully with the ever-changing and complex labor laws. To receive a complimentary copy of the company’s quarterly newsletter or to learn more about its services, call (800) 679-2760 or visit bentericksen.com.

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