On behalf of Sullivan Law Group APC posted in Wage & hour laws on Friday, February 2, 2018.
Does your employer fail to log your hours? If your workplace does not have a time sheet or time clock, you may not be receiving proper overtime pay. First of all, it is important to note that the Fair Labor Standards Act requires employers to keep records regarding your hourly pay rate, earnings, overtime pay and total wages for each pay period.
Unfortunately, some employers do not comply with this rule. In this case, what should you do? Without proper documentation, how do you fight for overtime reimbursement? Here are some steps you should take if your employer does not track your time.
1. Keep records yourself
If your employer does not have you log your hours when you work, it is a good rule of thumb to write down your hours on your own. Keep track of when you arrive and leave work. Of course, make sure these notes are completely accurate. If your battle for overtime pay goes to court and your employer proves your hours otherwise with cameras or entry and exit logs, you may lose.
2. Backtrack your schedule
Do not worry if you have not been keeping records of your hours. You can still try your best to figure out your schedule. First, your normal hours should be fairly easy to remember. Then, try to remember when you had to stay late. Did you text someone to inform them you were working late one day? Did your employer tell you to come in fifteen minutes early one day? Write down any details you can remember.
3. Review your calendar
Perhaps you wrote down certain notes on your calendar, diary or in your phone. You may be able to find notes you wrote when you had to work a special event or some extra hours on the weekend.
For help proving you are not getting your rightful overtime pay, you should contact an employment law attorney.