If you don’t track hours worked (for example, if you havewho come and go as they please), you may find yourself in hot water if you claim an employee hasn’t worked enough hours to be eligible for .
Themake it clear that if “an employer does not maintain accurate records of hours worked by an employee … the employer has the burden of showing that the employee has not worked the requisite hours.” In other words, be prepared to show exactly how many hours your employees worked.
Recent case: The school that employed Melissa Jeffries full time turned her down forleave because it said she hadn’t worked more than 1,250 hours in the last year. Jeffries sued, alleging the school district didn’t track hours, and that all the time she spent grading papers at home should be added to the total.
The court refused to dismiss the case and ordered more discovery. The school district will have to convince the court that Jeffries worked fewer than 1,250 hours, while Jeffries will try to prove the hours she spent grading papers and otherwise working for the district after her classroom hours. (Jeffries v. The School Board of Collier County, No. 2:06-CV-240, MD FL, 2007)
Advice: It’s a good idea to track hours worked for all employees, not just hourly workers. If, for example, it turns out you misclassified an hourly worker as exempt and she sues for overtime pay, you will want to show exactly how many hours she worked.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3865/employers-have-burden-to-prove-employee-hours-fell-short-of-fmla-requirements "
- Know the leave factors to consider when the FMLA and the ADA might both apply
- Take fast action to investigate apparent rogue supervisor
- Ohio Workers' Compensation Act
- Patience--and focus on job performance--are key when dealing with difficult employee
- Appeals court: No serial litigation for related claims