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Evidence Used to Prove Workers Were Denied Overtime Pay

Posted on behalf of Arnold Law Firm in
Stack of paper work flanked by folders that read "Salary." If you were denied overtime pay when you worked overtime hours, you may be able to hire an attorney to file a claim to recover the wages you should have received. However, your attorney needs evidence to prove you worked overtime hours and you were not paid time-and-a-half. Federal law requires employers to keep records of hours worked and rate of pay, among other things. However, it is possible these records have been altered. Fortunately, there are other forms of evidence your attorney may be able to use to validate your claim. If you were denied overtime pay, call our Sacramento wage and hour attorneys to schedule a free consultation.

Employee Records

Most employees do not keep records of the hours they are on the clock with their employer. That is why federal law requires employers to keep these records. That way, if employees claim wage laws are broken, the records can be reviewed to confirm or deny this assertion. This is the law’s way of trying to help ensure employees’ rights are protected. If the records confirm the employee’s assertion, he or she may be eligible for payment of unpaid wages and potentially other damages. Not only does the law require these records to be kept, but employees can make a written request for these records. That way employees can confirm they are not being denied wages they are owed. If you think you have been denied overtime pay, you should request these records to determine if something illegal is going on. If you discover overtime hours that you were not properly compensated for, you should discuss it with your employer. If your employer is uncooperative or denies that your rights have been violated, you may want to consider talking to our attorneys.

What if My Records Are Incorrect?

There are times when clerical errors may have caused your records to be inaccurate. If that is the case, you should immediately request that your record be corrected. If your employer refuses to correct your employment records, you may need help from an attorney. In some instances, the irregularities in your record may be done on purpose by your employer. This is illegal, and your employer could get into serious legal trouble for doing so. Having an attorney on your side to set the record straight and hold anyone who intentionally altered your records accountable may be in your best interest. It is important that you try to work things out with your employer before making any accusations of fraud, though. Bring the error to your employer’s attention to see if the error can quickly get resolved.

Other Evidence to Prove Unpaid Overtime

Your co-workers could help prove your claims, particularly if they were also denied overtime pay. If you think your coworkers could help you, ask them if they would be willing to provide testimony in an unpaid wage claim. If you work overtime hours on a regular basis and are denied overtime pay, start keeping records of the hours you worked. If your company uses software for clocking in and out, maybe you can take a screenshot of the page showing the hours you worked. If you work on a computer that requires you to log on and off, there should be a record showing the times you logged on and off. Some jobs require employees to keep a phone log of the people they called in a day. This log may help to show the hours you worked. If there are cameras in your workplace, our attorneys may be able to obtain the footage and check the timestamp to determine when you were working. You may not be able to obtain some of this information on your own. You may need help from a licensed attorney, particularly if your employer is denying they did anything wrong.

Need Help with Your Unpaid Wage Claim? Contact Us Today

Workers often do not know what to do if they are being denied overtime pay. Many times, they simply say nothing and continue working overtime hours without being properly compensated. You have the right to hold your employer accountable for denying you the wages you are entitled to under federal law. Our attorneys have helped employees recover unpaid wages for overtime hours worked for decades and we have a track record of success. By scheduling a free consultation, you can learn how we may be able to assist you in pursuing compensation.

Call 916-777-7777 today.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.