If your employer disputes the number of hours you’ve worked, it can put you in a challenging position. You are entitled to wages for all work time, and it can be frustrating when your employer is trying to underpay you.
Rowdy Meeks Legal Group LLC prosecutes unpaid wages and other workplace disputes nationwide. Disputed work hours are just one way employers act against their employees.
Is It Legal For Your Employer To Dispute Your Hours?
Your employer can dispute the hours you’ve worked so long as the employer handles the dispute according to the applicable laws and regulations.
However, your employer must maintain accurate records of your hours worked as the Fair Labor Standards Act (“FLSA”) and most state law require. If your employer disputes the number of hours you’ve worked, the employer must provide evidence to support the position that your work hours are incorrect.
There are many reasons for disputes over the hours an employee has worked, including
- Discrepancies in timekeeping systems
- Misunderstandings about work schedules
- Disagreements over overtime eligibility
In such cases, the employer and the employee have rights and responsibilities under the law.
Communicate and Keep Evidence if Your Employer Disputes the Number of Hours You’ve Worked
Your employer is legally responsible for keeping accurate records of your hours worked, including overtime. However, you are doing yourself a disservice if you don’t keep accurate records for yourself as an added protection against wage and overtime violations if you believe your employer’s records are inaccurate.
If you believe your employer is cheating you on your work hours, you should keep an accurate record of the following:
- The hours you’ve worked
- The start and end times of each shift
- Breaks
- Any overtime hours
- Any agreements, communications, and/or employee handbooks regarding pay and timekeeping. These are often available on the employer’s website or intranet site.
Hour disputes may not always be because your employer is willfully trying to underpay you. Communicate with the employer to discuss any hour discrepancies if you feel comfortable doing so. Give your employer a copy of your records of the hours you’ve worked if you believe the employer is genuinely interested in working out the disputer. Ask your employer to address your concerns and to show you all records regarding your hours worked and pay. Documents like timecards, schedules, and electronic attendance records can clarify any discrepancies.
You may also be able to follow company policies to resolve the situation. For example, you may be able to take your concerns to HR to facilitate further communication.
Understanding Your Rights
If your employer disputes your reported hours and fails to resolve the issue through communication and documentation, you can file a complaint with the Department of Labor’s Wage and Hour Division or pursue legal action to recover any unpaid wages.
Here are some of the wage and hour law protections the FLSA offers you:
- Employers are required to keep accurate records of hours worked by employees under the FLSA. If your employer disputes your hours, the burden is on them to provide accurate records.
- If you work over 40 hours in a workweek as a non-exempt employee, you are entitled to overtime pay at one and a half times your regular pay rate.
- You have the right to ask for and see your pay and hour records if they differ from your records.
- If your employer disputes the number of hours you’ve worked and fails to resolve the issue, you can pursue legal action to recover unpaid wages.
- You are protected from retaliation by your employer for asserting your rights under wage and hour laws. Your employer can’t fire, demote, or otherwise retaliate against you for raising concerns about unpaid wages or inaccurate record-keeping.
Seeking Legal Assistance if Your Employer Disputes the Number of Hours You’ve Worked
If your employer disputes your hours, you should take steps to protect your rights. You don’t deserve to be financially anxious because your employer has knowingly or unknowingly miscalculated your hours.
Contact Rowdy Meeks Legal Group LLC if your employer disputes the number of hours you’ve worked and you need us to evaluate your case.