Evidence Used to Prove Workers Were Denied Overtime Pay

Posted on behalf of Peter T. Nicholl in Unpaid Overtime Jul 21, 2021

money and notes on desk under overtime pay If you were denied overtime pay when you worked overtime hours, you may be able to hire an attorney to file a claim to recover the wages you should have received. However, your attorney needs evidence to prove you worked overtime hours and you were not paid time-and-a-half.

Federal law requires employers to keep records of hours worked and rate of pay, among other things. However, it is possible these records have been falsified. Fortunately, there are other forms of evidence your attorney may be able to use to validate your claim.

If you were denied overtime pay, give us a call today to schedule a free consultation. Our firm has helped many employees recover unpaid overtime wages and we have extensive knowledge of state and federal wage laws.

Employer Records

Most employees do not keep records of the hours they are on the clock with their employer. That is why federal law requires employers to keep these records. That way, if employees claim wage laws are broken, the records can be reviewed to confirm or deny this assertion.

This is the law’s way of trying to help ensure employees’ rights are protected. If the records confirm the employee’s assertion, he or she may be eligible for payment of unpaid wages and potentially other damages.

Not only does the law require these records to be kept, but employees can make a written request for these records. That way employees can confirm they are not being denied wages they are owed.

If you think you have been denied overtime pay, you should request these records to determine if something illegal is going on. If you discover overtime hours that you were not properly compensated for, you should discuss it with your employer. If your employer is uncooperative or denies that your rights have been violated, you may want to consider talking to an unpaid overtime attorney.

What if My Records Have Been Falsified?

Sometimes this happens, as employers want to avoid paying overtime wages to their workers. There are also times where clerical errors have caused records to be inaccurate.

Before you start thinking about filing an unpaid wage claim, you should try to work things out with your employer. Bring the error to your employer’s attention because they should move quickly to fix it and make sure you receive the wages you are owed.  

Other Evidence to Prove Unpaid Overtime

If your employer failed to keep proper records, or those records have been falsified, you may need other evidence to show you worked more than 40 hours in a week and did not receive overtime pay for those hours.

For example, your co-workers could help prove your claims, particularly if they were also denied overtime pay. If you think your coworkers could help you, ask them if they would be willing to provide testimony in an unpaid wage claim.

If you work overtime hours on a regular basis and are denied overtime pay, start keeping records of the hours you worked. If your company using software for clocking in and out, maybe you can take a screenshot of the page showing the hours you worked. If you work on a computer that requires you to log on and off, there should be a record showing the times you logged on and off.

Some jobs require employees to keep a phone log of the people they called in a day. This log may help to show the hours you worked.

If there are cameras in your workplace, our attorneys may be able to obtain the footage and check the timestamp to determine when you were working.

You may not be able to obtain some of this information on your own. You may need help from a licensed attorney, particularly if your employer is denying they did anything wrong.

Need Help with Your Unpaid Wage Claim? Contact Us Today

Workers often do not know what to do if they are being denied overtime pay. Many times, they simply say nothing and continue working overtime hours without being properly compensated.

You have the right to hold your employer accountable for denying you the wages you are entitled under federal law. The Law Offices of Peter T. Nicholl has been helping employees for decades and we have a track record of success.

By scheduling a free consultation, you can learn how we may be able to assist you in pursuing compensation. Even if we validate your claim, there is no obligation to take legal action. 

Contact our personal injury lawyers for a free consultation if you have been injured by another’s negligence. You may be entitled to compensation.



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