Many prospective clients that come into our Miami office ask how can they prove the hours that they worked if they do not punch a time clock and the employer has no time records. This is a common problem which can be resolved with circumstantial evidence. Specifically, as an example of a case where this became relevant is the case filed by the U.S. Department of Labor (DOL) against Raceway Petroleum in Federal Court in which it obtained a judgment of nearly $4 million on behalf of approximately 700 former and current employees. In that case, over 25 witnesses testified during a trial that lasted three weeks. The witnesses testified that some employees worked as much as 100 hours per week and were not paid for breaks of less than 20 minutes. Of crucial importance was the fact that the employer failed to maintain records of the hours that the employees worked, but the witnesses were able to establish the hours worked based on a "just and reasonable inference."
Under the Fair Labor Standards Act (FLSA), if an employer failed to maintain the time records required by the FLSA, then the employee may prove the amount of hours worked as a matter of "just and reasonable inference" by presenting witnesses and other evidence. Evidence includes testimony and documents such as diaries, planners, etc. The burden then shifts to the employer to come forward with evidence of the precise number of hours that the employee worked during every work week, or with evidence to negate the reasonableness of the inferences to be drawn from the employee's evidence.
If you have questions regarding the Fair Labor Standards Act or the wage and hours laws, contact the Law Offices of Santiago J. Padilla, P.A. as soon as possible. Based in Miami, Florida, we represent employers and employees throughout South Florida in employment cases. To set up a free initial consultation, you can contact us through the Internet or call us at (305) 358-1949.
