Minneapolis, MN employment law attorney Ashwin Madia talks about the biggest challenges faced in overtime violation cases. He shares that the primary challenge in overtime violation cases is proving damages, specifically establishing the exact number of hours an employee actually worked. Often, employers fail to maintain accurate records of employee hours, resulting in unpaid overtime. In such cases, an employee may come forward after months or years, claiming they consistently worked additional hours without compensation.

He notes that keeping personal records—such as notes, logs, or receipts—can be extremely helpful in substantiating these claims. Such documentation can support a claim for not only the unpaid wages but potentially double damages under the law. However, he emphasizes that even if an employee does not have detailed records, the law allows their testimony and recollection to serve as evidence of hours worked, particularly when the employer’s records are incomplete or absent. While proving damages can be challenging, it is not insurmountable with proper legal guidance and documentation.