Counsel for wage-and-hour plaintiffs often argue – in settlement negotiations and in court – that the plaintiff’s burden under Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946), applicable if there are no records of hours worked, renders the employee’s recitation of events unassailable. This position misstates the law, as reflected in
absence of records
Court Denies Claim For Alleged Unpaid Overtime Despite Employer’s Failure To Maintain Required Records
By Noel P. Tripp on
As discussed here, an employer’s maintenance of accurate records of hours worked by employees is not only a substantive requirement of the FLSA, but an essential component to defending against “off the clock” claims. But what happens if an employee brings such a claim and the employer has not maintained records? Is the employer defenseless?…