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Category: California Employment Law
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I am not an employment lawyer but I am trying to help a friend.

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I am not an employment lawyer but I am trying to help a friend. He is suing for his employer's failure to pay overtime etc, but the employer unbelievably contends he has no employment records, that the employee stole the records when he was discharged a few months ago. How do we go about proving his case, and is there a govt facility in Los Angeles to report to regarding this type of misbehavior.
Under federal and state wage and hour laws employers are supposed to keep wage records for years. When the employer has no records it is generally accepted then that the employee may produce evidence to his/her best ability to prove the hours worked. As to the allegation that your friend stole the records - unless the employer has some proof that your friend stole the records I don't see that really going anywhere; you're friend should respond "no I didn't, on what evidence are you basing your allegation". Lastly, the Cal Labor Dept provides wage claim adjudication. See
Although your friend appears to have already filed a lawsuit, he/she should inquire anyway to determine if he/she can also use the administrative process.

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