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Galdean Law Firm Blog

Thursday, November 3, 2016

Employer’s failed documentation results in FLSA Overime Damages

As Employers continue to prepare for the new Overtime changes (which take effect Dec. 1), the preparation involves several aspects.  In a recent case, the employer’s failure to have proper documentation resulted in a large overtime damage award. 

With the upcoming changes, some employees will likely experience a change related to their compensation.  Such change, however, will also likely raise questions by an employee about the change and about their past compensation.  These questions are where potential claims begin to arise on FLSA overtime violations and the employer’s documentation.    

With the upcoming changes for employers, this means the employer maintaining proper documentation of time records, and also policies, training, and procedures to deal with potential future issues in this area.  The change, however, for an employer will raise questions about how the employer classified and paid an employee in the past.  Again, these questions are where potential claims begin to arise on FLSA overtime violations and the employer’s past documentation.

Considering the new Overtime changes and the recent case award, any questions on the proper documentation of overtime should be raised with an experienced employment lawyer that has dealt with wage and hour laws.  





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