What Evidence Do I Need To Prove My Overtime Claim?

Mar 10, 2023 — by Chris Olsen
Tags: Overtime Evidence Wage And Hour Employee Rights Labor Code

What kind of evidence do we need to have to prove an overtime claim?

In order to prove a claim for unpaid overtime, you will need to gather evidence to show that your employer failed to pay you for all hours worked over 40 in a workweek. Here are some types of evidence that may be helpful in proving your claim:

  1. Time records: Your employer is required to keep accurate records of the hours you work each day, including the start and end times of each shift, any breaks or meal periods, and the total number of hours worked each week. If your employer has time records that show you worked overtime hours without being paid, this can be strong evidence in support of your claim.

  2. Pay stubs: Your pay stubs can also provide valuable evidence of your overtime hours and pay. If your pay stubs show that you were not paid for all hours worked or were paid at your regular rate for overtime hours, this can help support your claim.

  3. Emails or other correspondence: If you have any emails or other correspondence from your employer that discuss your hours or pay, these can also be helpful evidence. For example, if your employer sends an email stating that you should not work overtime hours or that overtime hours require prior approval, this can help show that your employer was aware of your overtime hours and failed to pay you for them.

  4. Testimony from co-workers: If your co-workers also worked overtime hours without being paid, their testimony can help support your claim. You may also be able to gather evidence from co-workers about the employer's policies or practices regarding overtime pay.

  5. Expert witness testimony: In some cases, it may be necessary to hire an expert witness, such as a forensic accountant or economist, to help calculate the amount of unpaid overtime owed to you.

  6. Your Testimony: As noted above, your employer has a duty to maintain accurate time records. But when your employer does not keep accurate time records, then the law presumes that your reasonable estimates of the hours you worked are valid. The employer, however, may produce evidence to rebut that presumption. 

It's important to gather as much evidence as possible to support your claim for unpaid overtime. This may mean that you need to keep track of the hours you worked separately from the employer's recrods. If you do so, the more detailed those records the better. What tasks you performed, who you worked the overtime shift with. how inolved your boss was in your overtime shit, and whether you told your employer you worked overtime. 

About Olsen Law Offices, APC: Olsen Law Offices specializes in employment litigation in all areas of employment law. Olsen Law Offices has extensive experience litigating matters concerning wrongful termination, retaliation, harassment and hostile work environment, workplace defamation, gender discrimination, race discrimination, sexual orientation discrimination, and disability discrimination. Moreover, Olsen Law Offices has extensive experience in wage and hour cases as single-employee cases, class actions, and actions under the Private Attorneys General Act (“PAGA”). 

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