Many employees hesitate to claim overtime pay for fear of retaliation or because they lack evidence of the unpaid hours. However, you are legally entitled to compensation for all hours you work including overtime and deserve to take action against illegal wage practices.
Whether you are a salaried or hourly employee, the Fair Labor Standards Act (FLSA) and similar state wage laws provide workplace wage protection and a way to claim overtime pay if you have been cheated out of your hard-earned money.
The Law Protects Your Overtime Rights
Overtime laws apply to all non-exempt, hourly employees. The overtime laws also equally apply to many salaried employees because employers illegally classify these employees are ineligible for overtime pay. Therefore, it’s crucial that you know your rights to protect yourself and your livelihood.
Although you ultimately have to prove you are entitled to overtime, you don’t need written records or other records of your actual hours worked to file an unpaid wage claim. The FLSA and most states have specific and stringent laws regarding record-keeping requirements for employers. Employers must maintain accurate time and wage records for employees. Employers must lawfully keep these records for a minimum of three years. If employers fail to keep accurate time and wage records, then the courts have held that the employees’ memory of the hours they work control for the case.
The law gives a presumption in favor of employees when employers fail to maintain records according to the FLSA and state laws. Navigating the legalities of unpaid overtime can be daunting, so contacting an employment attorney like Rowdy Meeks Legal Group LLC is beneficial.
Calculating Overtime Pay
The FLSA and state law provide that most employees must be paid overtime if they work more than 40 hours during a work week. However, when calculating your overtime pay, it’s crucial to understand if your position is legally exempt or non-exempt regarding overtime.
If you are a non-exempt, hourly employee, your employer must pay you 1.5 times your regular hourly wage for all overtime hours you work. Some states have overtime laws in addition to the FLSA, and consulting with an employment attorney can help you understand your rights based on the state in which you work.
3 Ways to Claim Overtime Pay With No Proof
The employer’s time and wage records may differ from your actual hours worked. This may be because of an error, an illegal policy or practice, or because the employer intentionally falsified the records. No matter the reason, employers must pay you for all time work and can be held liable when they don’t pay all legally owed wages that employees have earned.
Here are some ways you can gather evidence to further substantiate your overtime hours when you have solely your own memory of your hours worked.
You can ask coworkers who were with you or saw you while you were working overtime to testify on your behalf. If you are working with clients after work hours, you can also ask them to vouch for you. This can be challenging as they may want to avoid becoming involved in a claim. You should discuss this with your employment attorney before you contact any witnesses including clients.
If you have kept a record of hours worked or after-hours meetings, you can use them to contradict your employer’s claims. A diary and calendar are some examples of notes you could use.
We live in a digital age, and it can be more difficult for an employer to erase your digital footprint than tampering with a timesheet.
Here are some ways you can verify overtime hours using technology.
- The time you logged onto your computer
- Phone records
- Surveillance footage
- Building scanning
Let Us Assess Your Case to Claim Overtime Pay
As you can see, you can support your overtime wage claim in several ways without employer records. You deserve money for all hours you work including overtime hours. You work hard for your money, and it is devastating when your employer cheats you with illegal overtime practices.
If you want to claim overtime pay but have no proof of unfair wage practices, contact Rowdy Meeks Legal Group LLC for a free case evaluation.