Records trump ‘knowledge’ of co-workers’ hours

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in Compensation and Benefits,Human Resources

Here’s some good news: If you have complete and accurate time records, an employee’s claims that he just “knows” what hours others work isn’t going to be enough to keep a lawsuit moving.

Recent case: Jason, who is Jew­ish, sued his employer, alleging that it allowed non-Jewish co-workers to work fewer than 40 hours and still collect benefits. Jason worked about 32 hours per week. He told the court that he watched other workers arrive late and leave early. Thus, he was sure they had been allowed to work fewer hours and still get the benefits he was denied.

But payroll records showed a different story. That was enough to get the case tossed out. The court refused to consider Jason’s casual observations as evidence in light of company records. (Cutler v. Stop and Shop, No. 12-1510, 2nd Cir., 2013)

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