Clients will come to us and tell us that they didn’t keep actual records of the overtime hours they worked, and therefore they fear that they cannot pursue a claim for overtime compensation. But, under the law, employees are not required to keep records of the actual hours that they’ve worked. Rather, that burden is placed on your employer, which are 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 determined as a reasonable and realistic estimation of the actual hours they worked, whether they have records or not. The burden then shifts to the employer to show that the hours worked, or estimated by the employee are inaccurate, or just simply not worthy of credence.
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