Unpaid Overtime and Employer Has No Records

Unpaid Overtime and Employer Has No Records

The difference between state and federal law is that under federal law, when an employer fails to keep the required records, the employee first has the burden to prove that she performed a certain amount of work for an employer for which she was not adequately paid. However, under state law, the burden is wholly with the employer to prove that the complaining employee was paid wages, benefits, and wage supplements in accordance with the law.

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