Paying employees accurately and timely is critical to avoid any pay disputes…read on if you have ever wondered about these questions….
Can employers make deductions on an employee’s final paycheck?
Generally, no. In Wisconsin, employers can only deduct for loss, theft, damage or faulty workmanship if the employee authorizes the deduction in WRITING after the incident happens and before any deductions are made.
Do I need to pay overtime to employees if they used Paid Time OFF (PTO) during the week?
Generally, no. In Wisconsin, employers do NOT have to count PTO, holidays, vacation, personal and sick leave hours taken by an employee toward the calculation of the overtime requirement because these hours are not actually “worked”. Therefore, PTO (and holidays, vacation, personal and sick leave hours) are not considered as hours counted toward overtime pay.
Do I need to pay wages to employees that have clocked out but continue working?
Yes. In Wisconsin, even if an employee clocks out but continues working, an employer is required to pay them wages. For example, if an employee clocks out for lunch, but continues to respond to emails or doing other computer tasks, this is considered work for which the employee should be paid.
It is recommended that employers conduct regular reviews and audits of pay to ensure that employers are paying the employees timely and accurately. It is also recommended that employees are trained on the rules regarding wage and hour laws.
If you have questions about this doctrine or anything employment related, we are here for you! Please call us at (608) 237-1775 or email me at leslie@turkelaw.com.