Proving Hours Worked In Overtime Lawsuits

An employee suing for unpaid wages or overtime has the burden to prove his case. Of course, most people don’t keep records of the hours they work or the wages they’re paid – they rely on their employer or its payroll service to carry out that function and assume they will be properly paid. That’s precisely the reason both federal and New York State law require employers to keep accurate records of hours worked and wages paid. And if they don't, an employee's testimony alone can carry the day in court.