Victorville, CA asked in Employment Law for California

Q: What METHODS of proof should a non-exempt employee use to PROVE overtime hours worked - other than timesheets in CA?

I worked for a property management company in California that required me to be available 24hrs a day and would not allow me to post hours of operation. I worked an average of 10 hrs per day and my husband worked 5hrs per day. However they only gave us 110 hrs per month. We obviously worked more than that. When I tried to request overtime it was denied by the company. Now we are departed from the company and seeking pay for our wages.

What METHODS of proof (ie witness statement, tenant statements, texts, emails, etc) should a non-exempt employee use to PROVE overtime hours worked - other than timesheets in CA?

Thanks in advance

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your own oral testimony, percipient witness testimony, cell phone or text messaging data, we have even used an employee's mobile phone tracking software. Be creative. Keep in mind that if the employer failed to keep accurate time records, then your testimony will be presumed to be accurate.

It would be a very good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Don't try to do this by yourself. Please.

Good luck to you.

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