How do you prove how many hours someone worked a year ago?
If there are records, it is a relatively simple task. However, if the employee was classified as exempt, they likely did not punch a time clock. However, there are other ways to prove how many hours and employee worked.
For instance, if there is a security system, and a code has to be entered, we know that typically the managers are the only ones who enter those codes, so we can find out when people work.
Also, there are schedules that the companies typically keep that show when managerial-level employees are supposed to be working. And finally, if there are no written documents that show when an employee worked, the employee himself or herself is able to come in and testify as to the hours that they worked, and that is a well-founded rule of law. Something that we’ve done many times is where the employee just comes in and testifies as to their hours worked.
Frequently, now we’re finding that even at the managerial level, companies are having their managers punch in and punch out. They might not punch out for lunch breaks, but they certainly punch in at the beginning of the day and punch out at the end of the day simply because the company is trying to keep track of how much their managers are actually working.
Learn more about Shea & McIntyre, P.C.