An employer is responsible for maintaining accurate records of the hours that its employees work. If an employer's records are inaccurate or inadequate, the United States Supreme Court has ruled that employees need only present sufficient evidence to show the amount and extent of overtime owed as a matter of just and reasonable inference. Anderson v. Mt. Clemens Pottery Company, 328 U.S. 680, 687-688 (1946). Furthermore, courts, including most recently the United States Court of Appeals for the Second Circuit, have ruled that it is possible for employee to present adequate proof of the overtime he or she has worked through estimates based on his or her own recollection. See Kuebel v. Black & Decker, Inc., No 10-2273-CV (May 5, 2011).
Lexington, Kentucky overtime lawyer Robert Abell represents individuals and employees recover the overtime they've earned but not been paid; contact him at 859-254-7076.