What Evidence Can You Use to Prove You are Owed Unpaid Overtime?
Hourly workers should be paid an overview wage if they work overtime hours. The Fair Labor Standards Act (FLSA) protects the rights of workers. Were you denied the full and fair overtime pay that you earned? It is crucial that you have evidence. In this article, our New Jersey wage and hour attorney provides a guide to the most common forms of evidence in unpaid overtime cases.
Timekeeping Records (Timesheets and Punch Cards)
To start, your employer’s timekeeping system is one of the most important pieces of evidence. These records show the exact hours you worked each day, including when you clocked in and out. If they show that you consistently worked more than 40 hours in a week, they can strongly support your claim. Even if your employer claims otherwise, discrepancies or edits to these records can help.
Your Pay Stubs and Your Employer’s Payroll Records
You also need to get the official records regarding how much you were actually paid. Pay stubs show how many hours you were paid for and whether you received overtime compensation. If your pay stubs reflect only straight-time pay despite working long hours, it may indicate a violation. Comparing your pay stubs to your actual hours worked can reveal underpayment. Your employer is legally required to keep accurate payroll records—and you have the right to request them.
Work Schedules (Formal or Informal)
Your scheduled hours, including any mandatory shifts or call-ins, can help prove your overtime claim. These records help establish your expected workload and whether you were assigned hours beyond a standard 40-hour week. If the schedule shows you were assigned extra hours, but you were not paid accordingly, that can help to support your case.
Emails, Texts, and Other Written Communication
Messages from your manager or supervisor requesting that you work additional hours or stay late can be key evidence. These communications show that your employer was aware you were working overtime. They may also prove that the extra hours were not accounted for on the timesheets.
Witness Statements
Coworkers who saw you working long hours or who also worked unpaid overtime can provide supporting testimony. Statements from others help corroborate your claims, especially if they describe the same patterns of work and underpayment. These witnesses may remember specific days or instances when you worked late or came in early.
Note: Your personal testimony matters too. Your own account of your work hours and duties is a form of evidence. While it may not be as concrete as written records, it can be compelling.
Speak to Our New Jersey Unpaid Overtime Attorney Today
At Poulos LoPiccolo PC, our New Jersey wage and hour attorney has the skills, knowledge, and experience to take on all types of cases, including unpaid overtime claims. If you have any questions about evidence, we are here as a resource. Contact us right away for a fully confidential, no obligation initial consultation. Our firm provides wage and hour representation throughout the surrounding region, including in New Jersey and New York.
Source:
dol.gov/agencies/whd/flsa
