Skip to main content

What happens if an employer fails to keep accurate records?

Shawnee, OK |

What happens to employers if they fail to keep accurate time logs of employees?
ie - wage discrepancies, failure to pay employees taxes and the matching taxes?

I did a google search and it stated by the DOL that they are supposed to be kept for a min of 3yrs but it doesnt specify what happens if they are not kept. Example - fighting for wages. I did read that in cases its ruled (benefit of doubt) is giving to employee for the employer not keeping accurate records.

Anyone have any more insight?

Thanks in advance

Attorney Answers 2

Posted

Generally in employment wage claims by employees, the employee need only make an estimated claim for unpaid wages. The employer has the burden of proving that they have paid employees accurately. If they fail to prove proper payment of wages the employee will collect their wages. Wage claims also include attorney fee provisions, which means that the employer will be required to pay your attorney fees if you prevail on the wage claim. For this reason employment attorneys are generally very interested in these types of claims and will review them and advise you on the strength of your claim. I recommend that you seek an employment lawyer in OK by going to the Avvo find an attorney tab and searching for an employment attorney.
Best of luck.

NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.

Mark as helpful

1 found this helpful

1 comment

Asker

Posted

Thanks Randy.

Posted

A failure to maintain proper wage records would make it difficult if not impossible for an employer to defend against wage claims.

If you believe you have a wage claim, contact an attorney who regularly practices employment law.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

Kevin, do you take on wage claims against an employer?

Kevin H. Pate

Kevin H. Pate

Posted

I would suggest contacting someone in your area who regularly practices employment law. One attorney for your consideration could be Ben McCullar, (ph 214-2889) 228 N Broadway in Shawnee. If he is not available I feel confident he can point you toward someone else.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics