Being California employment attorneys, we often attend calls from distressed employees that have been deprived of a large amount of their rightful compensation. They are worried that they’ll be unable to prove that the amount was really due to them. However they are not aware of the fact that the law stands by people’s right to get the wages they deserve, the burden of proof falling on the EMPLOYER to prove they don’t owe not the other way around.
Since the early 1900’s the working conditions were very bad and hence new laws were framed to ensure that the employees were not subjected to the vile intentions of the companies. The best thing about this new law was that the onus of clearing the employee’s dues lay with the employer. Hence the employer must keep proper records of the wages paid to the employees.
Labor code stands apart from all other types of law. In other statutes the party which brings the claim will have to give proper evidence about the validity of the claim. In simple terms it means that the claimant will have to bear the burden of proof. However this rule does not apply to labor code. In fact, this modification is not quite common. For instance, tax laws also have a rare exception where the taxpayer who is a defendant will have to prove the authenticity and accuracy of the tax returns. On the other hand, the IRS (Claimant in this case) will simply have to state that the taxpayer has not filed the returns accurately. However the IRS doesn’t have to give any proof till the taxpayer has provided all the details which mention that his tax returns have been filed properly.
The Burden of Proof Falls on the Employer Instead of the Employee
As the employer has to bear the burden of proof, hence he or she has to follow the below mentioned rules:
Record Keeping: It is mandatory for the employer to maintain all the records in detail. The employer should have proper track of the working hours of the employee and the overtime hours as well. In case the employer fails to keep proper track record of the working hours of an employee then the employee’s records shall be considered to be final.
Wages for Overtime: All employees who put in extra hours are entitled to overtime pay according to the law. The employer has to prove that the employee is not eligible to overtime wages.
Right to Recover Attorney’s fees, expenses and the ensuring penalty: In case the employee’s claims have been proved then the employee can recover the entire expenses and the fees of the attorney as well. The employer will also have to pay a penalty and interest to the employee.
How is this going to affect you?
Never hesitate to demand what you deserve. Even if you do not have the actual records of the working hours you have put in since the past four years and what is due to you, never think that you will not be able to recover your back wages. The law holds the employer to be responsible about knowing the law and compensating you accordingly.
For so long, employees lacked any real protection, and the legislature ensured that these malpractices were discontinued irrespective of whether these underpayments were an accidental oversight or a deliberate move by the employer.
There are numerous tools which will help workers to recover their dues.
If you have been under payed contact United Employees Law Group For HELP NOW! 408-648-4248
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