How do I prove the amount of time spent doing off-the-clock compensable activities?
The employer is supposed to maintain records of the time spent by employees performing compensable work activities. If an employer does not maintain accurate 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 and the employer fails to rebut this testimony, what he or she estimates will count as accurate.
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 may 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 may count as accurate.
A. The employer is required to maintain records of the time spent by employees performing compensable activities. If an employer does not maintain the required records, the employer will have the burden to dispute 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. For a free evaluation of your potential overtime case by an overtime attorney, click here. Back To Top Q. Can my employer “average” the number of hours I work during a two-week pay period? For example, if I work 30 hours one week and 50 hours the next week, can my employer average that out as being 40 hours a week and not pay me overtime? A. No. If you work more than 40 hours during any consecutive 7-day period, you must be paid overtime for any hours worked over 40. A 7-day workweek stands alone. The exception to this rule is that some professions, such as medical care employees, police officers and fire fighters, may be paid un
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.
