Can I recover overtime pay if I have not kept track of all the hours I worked?

Yes, you can.

If you are an accountant or an auditor, you likely have been asked to work more than 40 hours in a workweek, especially during peak seasons. You may not have been fairly compensated for this work.

Most salaried employees do not keep records of the time they work. They are not required to. When these workers realize they were shorted funds because they were never paid overtime pay, they may worry that they will not be able to collect back wages since they have not kept detailed records. Given the strict record-keeping obligations of most accountants and auditors, these concerns may be felt even more strongly by this group of workers.

Courts are familiar with this situation. It is an employer’s duty to keep track of the hours worked by its employees who are owed overtime pay. If an employer failed to correctly classify an employee and thereby did not track the employee’s working hours, it is the employer’s loss.

In most cases, courts will accept the employee’s reasonable estimate of the amount of time the employee worked. So, an employee may still recover overtime pay, even if the employee does not have exact records of the actual time worked.

If you are an accountant or an auditor and you believe you should have received overtime pay, contact the overtime pay attorneys at Kennedy Hodges LLP. To schedule a free consultation with one of our overtime pay lawyers, call us at 888-449-2068 or fill out an online form. 

Galvin B. Kennedy
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Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.