No Time Records: Why You Don’t Necessarily Need Proof to Claim Your Unpaid Overtime

No proof, no problem: We've got your back.Many employees hesitate to bring claims for unpaid overtime wages because of a fear that they cannot provide proof that they worked the overtime hours that they claim.  Especially if an employee is salaried, he or she will often only clock in and out for attendance purposes or may not even have to clock in at all.  If they are paid hourly, many employees will work off-the-clock hours with these hours not being reflected in the time records.

Not to fear: The law requires employers to maintain accurate time records for each of their employees.  As such, if there is a dispute about hours worked, an employee’s reasonable recollection about the hours he or she worked will be the basis of any claim for unpaid overtime.  This means that, even without specific proof, an employee can recover for unpaid overtime wages.

Additionally, even in the absence of any time records, in this digital age, we are regularly able to re-create our clients’ hours worked by developing electronic evidence, which includes the time employees logged onto computers or logged off computers, cell phone records, or records of e-mails, etc.   Thus, even in the absence of actual time records, there are regularly other indicators we can develop through discovery with the employer to paint a picture of your typical comings-and-going from work, as well as your pre-shift and post-shift work.

If you have a claim for unpaid overtime wages, please contact us at [email protected] or at 800-616-4000.  We would be happy to assist you in a free consultation to discuss your employment concerns.


Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY.  Lawyers licensed in states including FL, NY, NJ, and TX.  The choice of a lawyer is an important decision and should not be based on advertisements alone.

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