Maryland overtime attorney Bruce Luchansky answers: “How can I prove that my overtime pay calculation is accurate and that I actually worked the hours that I spent working overtime?”
It is the employer’s obligation to keep track of an employee’s hours worked, not the employee’s. All employers must implement a system for keeping track of those hours, which may be a time sheet, a time clock, or any other method of accurately recording the hours worked. You always should record all hours worked on the employer’s time keeping system. Nevertheless, if you suspect that you are not being paid properly for overtime, keep track of your overtime hours in a separate notebook, on your calendar, or any other note keeping system. In fact, the Department of Labor has produced a smart phone app for that very purpose. Go to https://itunes.apple.com/us/app/dol-timesheet/id433638193?mt=8 for a screen capture of the iTunes page describing the app. Even if you haven’t kept these records, don’t worry – an employee’s testimony goes a long way in overtime cases, especially if the employer has not met its responsibility of keeping accurate time records.
If your employer is shortchanging you for overtime hours worked, call a Maryland overtime violation lawyer with experience in FLSA wage and hour cases to assist you in recovering the unpaid wages you earned.