Peter Mavrick a Miami labor and employment attorney has, on multiple occasions, successfully defended business from suits by current or former employees seeking unpaid overtime wages under the Fair Labor Standards Act (“FLSA”). In FLSA overtime wage cases, it is common for a plaintiff to allege that they worked a certain number of hours off the clock per week, and are thus entitled to be compensated for such work. These types allegations can create significant problems for employers who do not keep accurate records of the work performed by employees. According to the Eleventh Circuit in Jackson v. Corr. Corp. of Am., 606 Fed. Appx. 945, 952 (11th Cir. 2015):
It is well established that an employee bringing a claim for unpaid overtime wages must initially demonstrate that she performed work for which she was not properly compensated. However, it is the employer’s duty to keep records of the employer’s wages, hours, and other conditions and practices of employment. For that reason, in situations where the employer has failed to keep records or the records cannot be trusted, the employee satisfies her burden of proving that she performed work without compensation if she produces sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference.
Thus, if an employer fails to keep accurate time records, it can be on the hook for work performed by an employee “off the clock,” so long as the employee produces sufficient evidence that the work was actually done. The Miami employment lawyers at the Mavrick Law Firm have extensive experience with these types of situations and know that a recent decision out of the Fifth Circuit limits an employee’s ability to recover damages for such work allegedly done “off the clock.”