My husband is considering filing a complaint to receive back wages owed to him.
I have seen mention that the burden of proof is on the employer to prove the person didn't work the hours they say they have and that they give the employee the benefit of the doubt. I believe I saw this on the DOL's website, but I've been scouring for a couple of hours now and can't find it.
Would anyone happen to know the link to this information, whether on the DOL website or another website? He's been paid as an exempt employee (on salary) and has never clocked in on a time card since he was told he didn't need one as a salaried employee. We recently found out he is not, in fact, an exempt employee but a salaried non-exempt employee and has been entitled to overtime pay for the past 14 months. But, without a time card to show his actual hours, he's afraid he will lose if he says anything.
Can anyone help?
I have seen mention that the burden of proof is on the employer to prove the person didn't work the hours they say they have and that they give the employee the benefit of the doubt. I believe I saw this on the DOL's website, but I've been scouring for a couple of hours now and can't find it.
Would anyone happen to know the link to this information, whether on the DOL website or another website? He's been paid as an exempt employee (on salary) and has never clocked in on a time card since he was told he didn't need one as a salaried employee. We recently found out he is not, in fact, an exempt employee but a salaried non-exempt employee and has been entitled to overtime pay for the past 14 months. But, without a time card to show his actual hours, he's afraid he will lose if he says anything.
Can anyone help?
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