Pay Issues Attorney in Minneapolis, Minnesota
What are the biggest challenges you face in overtime violation cases?
What are the biggest challenges you face in overtime violation cases?
More In This Category
View Transcript
the biggest challenges in overtime
violation cases are proving
damages by proving how much the employee
actually worked So what happens in those
cases is the employer has not kept
accurate records of the amount of time
an employee has worked and is therefore
not paying them for the overtime that
they’re doing and the employee comes in
after two years and says “Look I’ve been
working three or four hours extra every
single week for the last two years that
I haven’t been paid for.” Which is a
case which is great but we’re going to
have to prove up damages So if an
employee then keeps notes or has some
kind of log somewhere or some kind of
receipts or way of
proving the actual hours that they
worked then that’s very helpful in
proving up damages We can get double
damages in fact Now if you don’t have
that don’t worry about it There’s ways
to work around that If the employer
doesn’t have records of their own then
the law says the employees recollection
or memory is entitled to some difference
about the hours they worked So it’s not
insurmountable but it is a challenge
Minneapolis, MN employment law attorney Ashwin Madia talks about the biggest challenges faced in overtime violation cases.
