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Employer has no record of hours work.

Portland, ME |

my employer only pays us 40 hours a week and sometimes are made to work 60. i have a record of all my times worked because i wrote them down. my brother on the other hand has worked here for almost four years and has never recieved his overtime and has never written down his lost hours. d.o.l. was been here to investigate, our employer is in the wrong. how is my brother suppose to calculate how much he really lost if no one has a record of any of the hours that where worked?

Attorney Answers 2


  1. Employers are required to keep records of hours worked. In some states, it is a criminal misdemeanor to fail to keep these records.

    You and your co-workers should keep a personal calendar showing time in, time out, time in and out for lunch.

    If your brother decides to file a claim for unpaid wages, he can prove and win his case by estimates.

    Contact a local lawyer to see if Maine offers even better remedies.
    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  2. Call the federal or state department of labor. The number for the state DOL is 207-623-7900.

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