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How to Prove Hours Worked in Unpaid Overtime Case

Published December 15, 2020 by Employment and Commerce Law Group
How to Prove Unpaid Overtime

Tennessee does not have its own laws on overtime wages. Instead, both employers and employees must abide by wage rules outlined by federal law, including those regarding overtime pay.

Unless they are classified as exempt, Tennessee employees are required to receive overtime pay if they work over 40 hours in a given workweek. Compensation should be paid at a rate not less than time and one-half of their regular pay.

Despite the fact that wage requirements are clearly spelled out by law, Nashville employers do not always pay proper overtime to eligible workers. Sometimes, the oversight is an error. But there are also cases where the action is intentional. Either way, Tennessee workers deserve better.

If you’re struggling to obtain unpaid overtime, get the proven wage and hour lawyers at the Employment and Commerce Law Group on your side. We know what it takes to prove an unpaid overtime claim, and we’ll fight by your side until you’re fairly compensated.

Call or contact us now for a free consultation.

How to Get Proof of Hours Worked From an Employer

According to the Equal Employment Opportunity Commission (EEOC), employers are required to keep certain documentation, including payroll records, for a minimum of one year after an employee leaves a place of employment. In the most ideal circumstances, an employer would abide by the law and employees could simply ask for their records of hours worked. In these cases, employees should still always make their request in writing.

When an employer refuses to provide an employee with their hours worked, the worker should speak with a Nashville employment lawyer that can advise on other actions to take. One of these actions could include issuing a subpoena for the proof of hours.

What if My Time Records Have Been Falsified?

What if My Time Records Have Been FalsifiedThe records an employer keeps and what an employee actually worked do not always match up. Sometimes, this is due to a clerical mistake. Other times, it’s because the employer falsified records in order to pay less in payroll costs.

Regardless of the reason, employers can be held liable when they do not pay employees their proper wages. A lawyer can give workers the best chance of success with their claim by conducting a detailed investigation into an employer’s recordkeeping to determine whether there is proof of fraud.

How to Prove Unpaid Overtime and Wages

Like any legal action, filing an unpaid overtime claim requires strong evidence to be successful. Examples of proof used in these wage and hour disputes may include:

  • Witness testimony: Employees that worked with co-workers during the same period of time in question can ask them to provide testimony on your behalf.
  • Employee notes: All employees should keep records of the time they worked, as they can contradict the claims of the employer.
  • Job records: Payroll records are not the only forms of documentation that can prove you worked overtime. For example, if your job requires you to keep a phone log of all the people you called in a day, these can help prove your work hours.
  • Computer information: If your job requires you to work on a computer, there is a chance the computer’s data may show when you logged on and logged off.
  • Video surveillance footage: Employers often have video surveillance of their employees and their property. Obtaining this footage can show that you were working when you said you were.

The evidence listed above, along with your own testimony, can greatly help prove your claim so you recover the overtime wages you deserve.

What the Employment and Commerce Law Group Can Do for Me

All employees in Tennessee should receive the appropriate wages for the time they worked. If you believe your employer has not paid you appropriately, reach out to the Nashville overtime lawyers at the Employment and Commerce Law Group to learn whether you have a case. You could be entitled to the money you’ve earned along with other damages.

Ready to get started? Contact us today for a free consultation. There’s no obligation.

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