What happens if I don't have any proof that I worked overtime hours?

 

A: Regulations require that employers maintain accurate records of hours worked each workday, hours worked each workweek, and earnings and wages paid. Without hours worked and earnings records, the employee is allowed to prove the hours worked based on fair estimates.

For example, let's say you work for a company that advertises its open from 9 AM to 7 PM Monday through Friday. If you claim you worked 50 hours per week, you could rely on the hours of operation as a fair estimate or "just inference" of the hours that you worked. Unless your employer complied with its legal duty to track hours, then your reliance on the set schedule should suffice. 

About half of our clients have no written proof of the hours they work, but that has not stopped us from successfully pursuing their claims. Contact our office today toll-free at 1-888-449-2068 for a free case review if you believe you have been denied proper wages or overtime under the Fair Labor Standards Act.