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Employer’s Failure to Produce Records Justified ‘Slight Windfall’ for Worker

October 5, 2021

Via: SHRM
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An employer produced no records showing the hours a former employee worked or the compensation he received. So a trial court correctly used the employee’s records in a lawsuit for unpaid overtime, even though the evidence was imprecise and the overtime calculation resulted in “a slight windfall” for the employee, a California appeals court ruled.

If an employer has failed to keep employment records, the consequences should fall on the employer—not the employee—the court said.

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