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OT claim requires some proof of hours worked

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in Human Resources,Overtime Labor Laws

Workers who sue for unpaid overtime have to present at least some evidence that they worked the hours they claim. Merely saying so isn’t good enough if  the employer has reasonably good records of hours worked.

Recent case: Royletha was employed as a carrier for First Choice, driving to various locations throughout the Houston area to pick-up and drop-off medical test samples, bank deposits and other materials.

She sued the company, alleging that for each week she had made deliveries going back several years she had not been paid for overtime hours. She estimated that she was owed for at least 15 hours of overtime pay for every week she had worked.

The court tossed out Royletha’s claim, noting that she had nothing to contradict the company’s time records. She didn’t produce any logs, calendars or other documentation. (Dixon v. First Choice Messengers, No. 04-14-02895, SD TX, 2016)

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