Have you ever worked overtime hours that weren’t reflected in your paycheck? Each year, the U.S. Department of Labor recovers over $200 million in back wages for workers – much of it for unpaid overtime. An even greater amount is recovered each year by private attorneys representing employees. Proving an unpaid overtime claim requires strong evidence and careful documentation. This guide shows you how to document your overtime hours, preserve key records, and gather evidence for a wage claim to recover every dollar you’ve earned.
If you’re still owed overtime pay and not able to get it resolved with your employer, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for confidential help or call us at 1-800-559-0400 to speak with our team today. Let’s work together to secure your financial future.
Understanding Your Overtime Pay Recovery Rights
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime at 1.5 times their regular pay for hours worked over 40 in a workweek. Texas follows federal FLSA rules only, with no additional state overtime laws.
Key points:
● Most hourly workers are non-exempt (eligible for overtime)
● Some salaried workers may be exempt if they meet specific criteria
● If you’re non-exempt and work over 40 hours, you’re entitled to overtime pay – whether or not your boss approved it
● Employers can discipline you for unapproved overtime but cannot refuse to pay for hours worked
Why Documenting Overtime Hours Is Crucial
The burden is on you to show you performed work for which you weren’t properly paid. However, the law helps employees when employers fail to keep proper records.
Under the FLSA, employers must keep payroll records for at least 3 years and keep time cards, work schedules, wage rate tables, and other records used to compute wages for at least 2 years. If an employer lacks proper records, courts allow employees to prove hours through “just and reasonable inference ” estimates of the time you worked.
Example: Courts have accepted employee testimony about average weekly overtime when employers had no records, citing that employees shouldn’t face an “impossible hurdle” when employers fail their recordkeeping duty.
This means:
● Never assume you can’t prove your claim due to lacking company records
● Your notes, calendars, emails, or reconstructed memory can serve as evidence
● Courts typically give employees the benefit of the doubt with credible evidence, but the employer has a chance to either produce precise records or disprove your estimate
● Precise records help establish damages – the back wages, liquidated damages, and possibly interest you’re owed
Key Evidence for an Unpaid Wage Claim
Gather all possible evidence, including:
1. Timekeeping Records
● Request copies of timesheets, punch cards, or digital time entries
● Compare these against pay stubs to identify discrepancies
● Even inaccurate timesheets can be contradicted with other evidence
2. Pay Stubs and Payroll Records
● Save all pay stubs and direct deposit records
● Download payroll reports from employee portals
● Bank statements can support your payment timeline
● These show the gap between hours worked vs. hours paid
3. Personal Work Logs
● Keep a daily notebook, calendar, or phone app with start/end times
● Include old diary entries, texts to family about working late
● Courts accept reasonable estimates when employers lack records
● Be specific and consistent for maximum credibility
4. Emails and Digital Communications
● Save emails/messages with timestamps showing work outside normal hours
● Keep scheduling or overtime approval communications
● Digital timestamps serve as a “virtual timesheet”
● Screenshots of scheduling software or shift calendars
5. Witness Testimony
● Coworkers can corroborate your hours
● Written statements strengthen your claim
● Multiple employees with similar claims strengthen individual cases
6. Job Records
● Phone logs, delivery records, building sign-in sheets
● Computer login/logout records
● Task logs showing active work at specific times
● Security camera footage (obtainable through legal process)
Remember: No single piece of evidence is conclusive – build your case with multiple supporting pieces.
How to Document Your Overtime Hours
Start documenting immediately with these methods:
Keep a Work Journal
● Daily log of start time, breaks, and end time
● Use whatever format works: notebook, spreadsheet, or phone app
● Include details like “Worked 8:30am-6:45pm, 30 min lunch”
● Record questionable time (travel between sites, prep work)
Save All Pay Documentation
● Create a folder for pay stubs, schedules, contracts, policies
● Include performance reviews mentioning hours
● Never throw away employment documents
Use Technology
● Screenshot electronic time entries periodically
● Use personal time-tracking apps
● Send yourself timestamped emails when leaving work
● Download available time reports
Track Overtime Requests
● Keep all overtime approval communications
● Save emails asking you to stay late
● Document if management knew about overtime
Don’t Forget Off-the-Clock Time
● Working through lunch breaks
● Tasks after clocking out
● Work done from home
● Prep time before clocking in
Overcoming Common Challenges
1. Mismatched Records
● Notify your employer in writing about discrepancies
● Provide your records and request explanation
● Written notice becomes evidence you notified them
● Deliberate falsification of records is illegal
2. Fear of Retaliation
● FLSA prohibits punishment for filing overtime claims
● Document any backlash after raising wage issues
● Retaliation creates additional legal claims
● Having an attorney often prevents employer retaliation
3. Unapproved Overtime
● Employers must pay for all hours worked, even if unapproved
● They can discipline but cannot withhold pay
● Your evidence of hours worked remains valid
4. Reconstructing Old Overtime
● Use schedules, projects, emails to rebuild timeline
● Approximate weekly hours are acceptable
● Attorney can help request employer records
● Your reasonable estimates suffice if employer lacks records
Taking Action: Filing a Wage Claim
You have two main options:
1. File with Department of Labor
● Government investigates your claim
● Can facilitate settlement
● May be slow due to case volume
● Typically recovers only back wages and no liquidated damages
2. File a Private Lawsuit
● Most overtime is recovered through lawsuits, not DOL complaints
● Attorney files suit for unpaid wages, liquidated damages, attorney fees
● More control and often more pressure on employer
● Frequently results in faster and larger settlements
Time Limits Are Critical:
● FLSA statute of limitations: 2 years (3 if willful violation)
● Filing a lawsuit stops the clock for you; the clock stops when each worker files a consent to join. But keep in mind, a DOL/WHD complaint does not toll the statute by itself.
● Every week you wait potentially reduces recovery
Legal Help:
● Most overtime attorneys work on contingency (no upfront fees)
● Attorney fees typically paid by employer if you win
● Free confidential consultations available
● Having representation often encourages fair and faster settlement
Frequently Asked Questions
Q: How do I prove unpaid overtime without employer records?
A: Use your own evidence and good-faith estimates. Courts recognize it’s the employer’s duty to keep records. Gather emails, calendars, coworker testimony to support your reasonable estimate of hours.
Q: What evidence do I need for a wage claim?
A: Time records, pay stubs, emails/texts about work, computer login times, coworker statements, personal notes. Show: (1) you worked beyond 40 hours, and (2) those hours weren’t paid at overtime rates.
Q: How should I document my overtime?
A: Keep a daily log of all work hours. Save pay stubs and compare to your records. Screenshot electronic time entries. Create a paper trail that’s contemporaneous and organized.
Q: What if timesheets were altered?
A: Raise the issue promptly in writing. If employer refuses correction or records were intentionally falsified (illegal), document your correct hours and contact an attorney or DOL.
Q: How far back can I claim overtime?
A: Typically 2 years from filing date (3 years if willful violation). Every week without filing is potentially lost recovery time. Act quickly to maximize recovery.
Q: Can I be fired for demanding overtime pay?
A: No – retaliation is illegal under FLSA. Employers cannot fire, demote, or harass you for asserting wage rights. Document any changes after making your claim. Retaliation creates additional legal claims.
If Needed, Get a Free Consultation With Highly Skilled Wage Theft Attorneys
Staffed with a team of award-winning attorneys and the knowledge of how to document and prove unpaid overtime, you can take action confidently. The law ensures workers get paid for their labor. Our employment law firm has extensive experience handling overtime claims nationwide. Contact us for a free confidential case review. You deserve payment for every hour worked – we’ll help make sure that happens.
If you’re struggling with unpaid overtime issues and need help documenting your case, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at 1-800-559-0400 to discuss your situation. Let’s work together to secure your financial future.
