Summiting Mt. Clemens: The Fifth Circuit Reminds Employers that Failing to Maintain Accurate Time Records Could Be a Very Costly Mistake
The Fair Labor Standards Act requires employers to create and maintain accurate records of hours worked each workday and each workweek by non-exempt employees. These types of records are commonly used to prove overtime and minimum wage violations—but what are employees supposed to do when their employer not only fails to properly compensate them, but also fails to properly create or maintain the very documents needed to prove their claims?