What happens if an employer fails to keep accurate records?

Asked 6 months ago - 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)

  1. Kevin H. Pate

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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.

  2. Randy Jay Harvey

    Pro

    Contributor Level 16

    Answered . 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... more

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