California Employment Law
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There is caselaw on this. Essentially you would reproduce your hours to the best of your recollection, the employer would then have the burden of proof to refute your alleged hours. The law essentially punishes the employer by placing the burden of proof on the employer to refute what the employee states as his/her hours for the period; normally the employee would have the burden to show the judge/jury that those were the hours worked - when there are no records (which it is the employer's legal obligation to track and keep records of hours worked for hourly employee) the law punishes the employer with this. You can make a claim for up to three years back if the employer is found to have intentionally broken the law or two years back if there was no intent to break the law - so every plaintiff starts off claiming three years back.
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