Clients will come to us and tell us that they didn't keep actual records of the overtime hours they've worked and therefore they fear that they cannot pursue a claim for overtime compensation. But under the law, employees are not required to keep record of the actual hours they've worked. Rather, that burden is placed on your employer, who is required to maintain accurate pay and time records for all hours worked by their employees. Courts often find that where an employer failed to maintain accurate time records, the employee is entitled to recover what he or she determines is a reasonable and realistic estimation of the actual hours they worked whether they have records or not. The burden then shifts the employer to show that the hours worked or estimated by the employee are inaccurate or simply just not worthy of credence.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
Fill out this form for a FREE, Immediate, Case Evaluation