Employers Who Don’t Keep Records of Hours Worked Could Owe Back Wages

Time and time again we talk with experienced business owners who make big mistakes when it comes to deciding whether someone is entitled to minimum wage or overtime under the federal Fair Labor Standards Act (FLSA). Here is a common mistake made by Houston, Sugar Land and Stafford TX employers not keeping records of hours their employees worked. Some employers think that if they do not keep records of the overtime worked by their employees, that if they are sued the employee would not be able to prove their case. This is also wrong. If an employer has failed to maintain proper records of the hours worked as required under the FLSA, the employee can prove their damages “as a matter of just and reasonable inference.” In essence, an employee can prove the hours they worked as an “approximate” because any imprecision in the calculation of damages ultimately comes from the employer’s failure to maintain records as required under the FLSA.

Garcia-Martin & Martin, P.C., is a business and employment law firm located in Stafford, Texas. Their attorneys work with businesses and individuals in all types of business and employment matters throughout the Houston, Texas area. They can be reached at (281) 277-3066. You may also visit their website at www.mgmartinlaw.com for additional information and practice areas.