Question about filing a wage complaint

[Whyte Noise]

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?

[Pattymd]

I don't think you're going to find anything that actually says that, but my over 27 years of experience in HR and payroll is that it's the truth, generally speaking. I take it he's filing with the state DOL?

Good luck to him.

[Whyte Noise]

He's thinking about it, but he's scared. Scared he'll lose his job if he brings it up, scared that he won't have the proof to back up his claim, scared that we'll be out on the street since he's our household's main source of income. I'm on disability and can't work.

His general manager is a friend, and has been since before he even became the GM. He's going to talk to him tomorrow. He's hoping that maybe the GM will go to the owner and let them know what's going on. He has the DOL proof to back up what he's saying, but he feels more comfortable going to his GM/friend first before possibly stirring up a stink or getting fired. He's going to show the GM the DOL website and let him know his concerns.

[Pattymd]

Well, good luck to him. I would tell you that if he were fired for reporting violations to the proper outside authority, he could also add a claim of wrongful termination when he files for unemployment. However, that does take time, which is an issue to be considered.