Overtime, Wage & Hour Recordkeeping | Did Your Employer Fail To Keep Your Time and Pay Records?

If your employer failed to keep and maintain complete and accurate wage and hour overtime pay records (i.e., hours worked and wages earned, etc.) and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are owed by your employer, tell us your story!

-Report Unpaid and Unrecorded Overtime & Wages-

What Kind Of Time & Pay Records Should Be Kept & Maintained By Your Employer?

The Fair Labor Standards Act (“FLSA”) sets minimum wage and overtime pay recordkeeping standards for employment subject to its provisions. Every covered employer must keep certain records on wages, hours, and other items for each non-exempt worker.

Although the FLSA does not require any particular form for the records, it does require that the minimum wage and overtime pay records include certain detailed identifying information about the employee and employment data about the hours worked and the wages earned. The basic employee overtime pay and minimum wage records that an employer must maintain and keep include the following:

1. Employee’s full name and social security number.
2. Address, including zip code.
3. Birth date, if younger than 19.
4. Sex and occupation.
5. Time and day of week when employee’s workweek begins.
6. Hours worked each day.
7. Total hours worked each workweek.
8. Basis on which employee’s wages are paid (e.g., “$10 per hour”, “$500 a week”, “piecework”)
9. Regular hourly pay rate.
10. Total daily or weekly straight-time earnings.
11. Total overtime earnings for the workweek.
12. All additions to or deductions from the employee’s wages.
13. Total wages paid each pay period.
14. Date of payment and the pay period covered by the payment.

How Long Should Your Wage & Hour Records Be Retained By Your Employer?

Each employer is required to preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records, etc. and related recordkeeping. Records on which wage computations and calculations are based should be retained for two years, e.g., wage rate tables, work and time schedules, time cards and piece work tickets, and records of additions to or deductions from wages. The records may be kept at your employer’s place of employment or in a central records office.

What Kind Of Timekeeping Methods Must Your Employer Use?

Employers may use any timekeeping method they choose to track your time and hours worked. For example, they may use a time clock, have a timekeeper keep track of employee’s work hours, or tell their workers to write their own times on the records. Any timekeeping plan is permissible as long as it is complete and accurate.

Many employees work on a fixed schedule from which they seldom vary. The employer may keep a record showing the exact schedule of daily and weekly hours and merely indicate that the worker did follow the schedule. When a worker is on a job for a longer or shorter period of time than the schedule shows, the employer must record the number of hours the worker actually worked, on an exception basis

If Your Employer Fails To Keep & Maintain Records…

Your employer’s failure to keep adequate employee time and wage records should not prevent you from recovering the overtime pay and other unpaid wages that your employer owes you.

Where an employer fails to maintain accurate payroll records an employee can still carry his or her burden of proof under the FLSA if he or she can show he performed work for which he was improperly compensated and produces some evidence to show the amount and extent of that work as a matter of just and reasonable inference.

Because precise evidence of the hours worked by each individual is not available due to the failure of (employers) to keep adequate records, overtime pay workers may satisfy their burden with inexact or approximate evidence (i.e., they may not need to prove the precise hours worked). Employees can often meet their burden of proof in wage and hour lawsuits and overtime pay actions by their own testimony showing that they have, in fact, performed work for which they have not been properly compensated.

Once overtime employees establish a prima facie case, the burden shifts to the employer to come forward with evidence of the precise amount of work performed or evidence to negate the reasonableness of the inference to be drawn from the employees’ evidence of hours worked and wages earned.

–Contact An Overtime Pay Class Action Lawyer–

If your employer failed to keep and maintain complete and accurate wage and hour overtime pay records (i.e., hours worked and wages earned, etc.) and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are owed by your employer, tell us your story!

-Report Unpaid and Unrecorded Overtime & Wages-

You can also share your overtime pay and wage complaints, if any, with other overtime pay employees by leaving a public comment below.

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-Report Unpaid and Unrecorded Overtime & Wages-

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This entry was posted on Monday, March 3rd, 2008 at 8:33 pm and is filed under Overtime Pay Violations. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. By using this blog, you agree to the Terms and Conditions. Under the Terms and Conditions, you agree and understand that your use of this blog does not create an attorney-client relationship, and that the contents of the blog does not constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state. Wronged by your Employer? Want to Fight Back? Contact A Class Action Attorney at www.ClassActionConnect.com.

One Response to “Overtime, Wage & Hour Recordkeeping | Did Your Employer Fail To Keep Your Time and Pay Records?”

  1. lilian says:

    we are 65 employees all in the job, my employer doesnt consider to pay overtime of any excess time we work unless it was upon the approval of the mngt. on duty, if any OT approved by mngt it was deoclared as adjustment in our payroll. if late 2 min. to start to work it was considered 15 min. docked but if worked late 8 min wont consider as OT

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