San Diego Litigation Attorney

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: 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. 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. Emails or other correspondence: If you have a


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