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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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How do get your employer to pay for the hours worked, when

Customer Question

How do get your employer to pay for the hours worked, when they say they have no proof of anyone working that weekend? What legal forms would one use to get the proof from the security company that has the log in sheets.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Pursuant to the Fair Labor Standards Act, employers and NOT employees are required to maintain an accurate record of all hours worked each workweek by nonexempt employees. Further, an employer must compensate employees for all hours "suffered or permitted to work," which has been held to mean that an employer is still liable to pay an employee for hours that the employer did not specifically authorize them to work.

Although the buden of proof technically falls on the employee to "prove their case," allegations of unpaid, unrecorded hours are typically taken quite seriously by the Department of Labor Standards Enforcement (the California agency charged with investigating wage claims).

One way to expidite retreival of a log of your hours would be by referencing Labor Code section 204, which provides that employers must pay wages in a timely fashion. Specifically, that section provides that wages earned between the 1st and 15th days of any calendar month no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month (note that there are some limited exceptions). If an employer does not retrieve the login sheets in time to pay you in accordance with Labor Code 204, then it will be in violation of the law.

Thus, time is a relevant factor and an employer should respond to all requests for verification of hours worked in a timely manner.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
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Expert:  Patrick, Esq. replied 5 years ago.
Hello. I just noticed that you gave me negative feedback for my response. I'm very sorry that I did not adeqautely address your concern.

I take my feedback on this website extremely seriously, and as you can see, I have hundreds of "accepted" answers with a 99% positive feedback rate. Would you please let me know how I can improve upon my answer so that you are satisfied with my response?

Thank you so much.