Bay Area Attorneys for Wage & Hour Record-Keeping Violations
What Are Wage & Hour Record-Keeping Violations and How Do They Affect Employees?
An independent contractor misclassification violation is just one of many types of unjust or prejudicial treatments employees face on the job and that we fight in court. For more about our Employment Law legal services, please see our “Bay Area Employment Law Attorney” page. Or for other types of employee work-related issues we fight for our clients, see the links to the right.
Employers must maintain employment records for their non-exempt employees. The records must include identifying information about the employee as well as the hours worked and wages earned.
Basic Records Your Employer Must Maintain
Your employer must maintain the following records regarding the hours you work for them:
- Employee’s full name and Social Security number
- Address, including ZIP code
- Birth date, if younger than 19
- Sex and occupation
- Time and day of week when employee’s workweek begins
- Hours worked each day
- Total hours worked each workweek
- Basis on which employee’s wages are paid (e.g., “$9 per hour,” “$440 a week,” “piecework”)
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee’s wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
Why Is Record Keeping Important for Employees?
The main problem arises when your employer fails to keep accurate records of the hours you worked and/or the amount paid to you as an employee. When your employer fails to keep the proper records, your litigation position is strengthened because your reasonable estimation of the time you spent working is considered to be true and it is the duty of your employer to provide evidence that your estimation is wrong. This presumption is very helpful to you and a challenge to your employer in any litigation.
A current or former employee is entitled to inspect the personnel file and records related to their performance. Once the employee makes a written request, the employer is obligated to either deliver a copy of the records to the employee or make them available for the employee’s review. The employer must honor the request regardless of whether there is an investigation pending.
Have Your Rights as an Employee Been Violated? We Can Help.
The law firm of Venardi Zurada LLP provides free initial consultations for wage and hour record keeping violations throughout the San Francisco/Bay Area. We are experienced employment lawyers who fight hard for our clients. If we are able to take your case, we pay all litigation costs. We only get paid our costs and attorneys’ fees if you get compensation.
GET A FREE CASE REVIEW
If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at (935) 937-3900 or submit the form to the right.
When litigation or mediation is involved, and we are able to take your case, there is never any fee or expense to you of any kind until you get paid! That means we pay all litigation costs which you will not be required to pay back, and we only get paid if you get paid.
We have four offices to serve you in San Francisco, Oakland, San Rafael and Walnut Creek, and serve clients throughout the entire San Francisco Bay Area including the entire Silicon Valley and throughout California.