If you keep good records of the hours workers put in, chances are you’ll be able to beat an employee’s claim that he wasn’t paid for all hours worked. He’ll have to show some evidence that your records are wrong.
Recent case: Christopher worked for UPS and claimed he sometimes worked more minutes than the company gave him credit for. He sued, alleging that a few minutes here and there, spread over several shifts, added up to overtime for which he should have been paid.
But UPS had clear records and could explain how it recorded hours (and minutes) worked. Without more evidence from Christopher, the court wasn’t willing to entertain his claims. (Buckner v. United Parcel Service, No. 5:09-CV-411, ED NC, 2012)
Note: It might have been different if UPS hadn’t kept careful records. Then it would have been up to the company to counter Christopher’s claim that he worked additional time.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't make overtime mistakes
- When workers must wear special gear, beware lawsuit if you don't pay for 'donning & doffing'
- Factor in employee discretion when tech changes start to affect FLSA classifications
- Shocker: Class-action case doesn't break the bank