Under the Fair Labor Standards Act, the burden of proof rests on the employer to provide accurate records of all hours worked each workweek by nonexempt employees. If an employer fails to keep accurate records, employees are generally able to provide a good faith estimate of hours worked.
Employers also must pay the appropriate wages and overtime if a non-exempt employee works more than 40 hours a week.
About half of our clients have no written proof of hours worked, but we are still able to successfully pursue their wage and overtime claims under the FLSA.
Watch video: Unpaid overtime claim can be filed without record of hours