How do I prove the amount of time spent doing off-the-clock compensable activities?
A. It is up to the employer to control the work of its employees, and to maintain records of the time spent by employees performing compensable activities. If an employer does not maintain the required records, the employee is entitled to recover based on good faith, reasonable and realistic estimates. Q. What are liquidated damages? A. The FLSA provides that a successful employee is usually entitled to double the amount of unpaid back wages, called “liquidated damages.” Essentially, liquidated damages are in lieu of interest. An employer can avoid paying liquidated damages only if it shows that it acted in good faith in failing to pay for off the clock work, and that it had a reasonable basis to believe that it need not pay for off the clock work. “Good faith” has a special meaning under the FLSA, and requires that employers have made specific investigation of the application of the FLSA to particular types of employees. Liquidated damages are the rule, not the exception. Employees ar
The employer is supposed to maintain records of the time spent by employees performing compensable activities. If an employer does not maintain the required records, the employee is entitled to recover based on a good faith, reasonable and realistic estimate of the time he or she worked. In other words, you get to estimate how many overtime hours you worked. The employer will have the burden to challenge the reasonableness of the employee’s estimates. Thus, as long as the employee’s word is reasonable, what he or she estimates will count as accurate.
A. It is up to the employer to control the work of its employees, and to maintain records of the time spent by employees performing compensable activities. If an employer does not maintain the required records, the employee is entitled to recover based on good faith, reasonable and realistic estimates.
The employer is supposed to maintain records of the time spent by employees performing compensable activities. If an employer does not maintain the required records, the employee is entitled to recover based on a good faith, reasonable and realistic estimate of the time he or she worked. In other words, you get to estimate how many overtime hours you worked. The employer will have the burden to challenge the reasonableness of the employee’s estimates. Thus, as long as the employee’s word is reasonable, what he or she estimates will count as accurate. In this case, the company may have a security turnstile or time clock records that should both show the amount of time that you were working for the company.
The employer is supposed to maintain records of the time spent by employees performing compensable activities. If an employer does not maintain the required records, the employee is entitled to recover based on a good faith, reasonable and realistic estimate of the time he or she worked. In other words, you get to estimate how many overtime hours you worked. The employer will have the burden to challenge the reasonableness of the employee’s estimates. Thus, as long as the employee’s word is reasonable, what he or she estimates will count as accurate. In this case, the company may have records that should both show the amount of time that you were working for the company.
