A recent case before the California Appeals Court for the Fourth Appellate District highlights the important responsibility an employer has to maintain accurate and contemporaneous time records for employee work and compensation.
A former employee sued (and ultimately did not prevail) for back wages alleging unpaid overtime. The courts statement, however, is a cautionary note to employers. “If an employer fails to keep the required time records, an employee may prove an overtime claim by offering credible evidence that he worked but was not paid,” the court said. It is very easy for workers to create their own “time card” with the release of free smart phone apps that use GPS to facilitate clock in and clock out. These include:
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